· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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