Jamo v. Katahdin Federal Credit Union

How courts have described this case

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

• stating that equity may be invoked only if the equitable remedy dispensed by the court “is necessary to preserve an identifiable right conferred elsewhere in the Bankruptcy Code.”
• holding, in the bankruptcy reaffirmation context, that “a creditor may discuss and negotiate terms for reaffirmation with a debtor without violating the automatic stay as long as the creditor refrains from coercion or harassment”
• noting that 11 U.S.C. § 105 “empowers bankruptcy courts to ‘issue any order, process, or judgment that is necessary or appropriate’ to effectuate the provisions of the Bankruptcy Code”
• noting that, in addition to reviewing factual 3 See FED. R. BANKR. P. 9015(c) (Rule 50, which by its terms applies only to jury trials, generally applies in bankruptcy cases and proceedings
• vacating sanction imposed under section 105(a) in the absence of \any antecedent violation either of the automatic stay or of some other independent provision of the Bankruptcy Code\
• describing “the tenet that underpins the bankruptcy system—the ‘fresh start principle’ ”

Source: CourtListener parenthetical corpus (CC0).