Walker v. M & M Dodge, Inc. (In Re Walker)

How courts have described this case

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

• “[T]o recover punitive damages for violating the post-discharge injunction, the debtor must demonstrate ‘malevolent’ intent on the part of the violator.”
• “In cases involving wrongful repossession or wrongful seizure, it has been held by Louisiana courts that such actions come under the purview of [LUTPA].”
• award of attorneys’ fees appropriate where creditor disobeyed the post-discharge injunction for no other reason than to continue to vex debtors by its ongoing collection efforts and to oppress them
• malevolent behavior and clear violation of injunction warrant award of punitive damages
• “Remedial statutes such as the Bankruptcy Code are to be liberally construed in favor of the debtor in order to better facilitate the debtor’s fresh start. . . . Discharge is the legal embodiment of the fresh start.”

Source: CourtListener parenthetical corpus (CC0).