In Re: Marianne Joubert Marianne Joubert v. Abn Amro Mortgage Group, Inc. F/k/a Atlantic Mortgage and Investment Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that § 105 does not afford debtors a private cause of action to remedy violations of § 506(b);the debtor’s remedy was a contempt proceeding in bankruptcy court
• holding that § 105 does not afford debtors a private cause of action to remedy violations of § 506(b);the debtor’s remedy was a contempt proceeding in bankruptcy court
• applying Sandoval to hold that a private remedy may not be implied under 11 U.S.C. § 105 (a)
• finding no private right of action for damages for violation of discharge injunction
• 11 U.S.C. §105(a) does not afford debtors a private cause of action to remedy alleged violations of 11 U.S.C. §506(b)
• not- ing in dicta that “[s]ection 506(b) allows oversecured credi- tors to add reasonable post-petition, pre-confirmation attorney fees, interest, and costs to the amount of their secured claim”

Source: CourtListener parenthetical corpus (CC0).