In re Culpepper, Case No. 09-38599-rld7 (November 5, 2012)§521, §524(a)(2), contempt, discharge injunction Following a chapter 7 discharge the mortgage creditor made over 100 telephone calls to debtors, purportedly to advise debtors of foreclosure options. These calls took place after debtors had been locked out of their home. Four calls were transcribed. Debtors moved to reopen the case and hold creditor in contempt. The court held that the calls constituted efforts to collect on the debt, and awarded debtors $1,000 for emotional distress for each of the four transcribed calls. The court also awarded attorney fees and costs to debtors, because it took filing the contempt motion to make the calls stop. The court declined to award punitive damages because debtors had applied for loan modifications three times after discharge, contrary to representations in the §521 statement of intent. Click here to view all Opinions. Click here to return to the home page.
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