Skip to main content
· 8/25/1999

Watkins v. Guardian Loan Co. of Massapequa (In Re Watkins)

Citations

  • 240 B.R. 668
  • 43 Collier Bankr. Cas. 2d 179
  • 1999 Bankr. LEXIS 1386
  • 1999 WL 1021439

How courts have described this case

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

  • finding punitive damages for violation of a discharge injunction also appropriate where there was malicious and egregious behavior
  • finding punitive damages for violation of a discharge injunction also appropriate where there was malicious and egregious behavior
  • “Since each of the loans made by [the licensed lender] to [the plaintiffs was] in the principal amount of less than $25,000, [the lender] was permitted by statute to charge an interest rate of 25%.”
  • award of attorneys’ fees appropriate where a creditor induced a debtor to execute a promissory note for $8,000, bearing 25% per annum interest, in consideration of a $4,000 loan as a means of having the debt- or reaffirm its pre-petition obligation
  • court found bad faith sufficient to justify the awarding of attorneys’ fees, where, after a creditor’s debt was discharged, the creditor contacted the debtors and offered to make a new loan on the condition that the debtors repay the creditor’s discharged debt
  • court found bad faith sufficient to justify the awarding of attorneys’ fees, where, after a creditor’s debt was discharged, the creditor contacted the debtors and offered to make a new loan on the condition that the debtors repay the creditor’s discharged debt

Source: CourtListener parenthetical corpus (CC0).

Judges: Dorothy Eisenberg

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.