In re Vazquez

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

In re Vazquez

Post by David A. Szwak »

In re Vazquez
221 B.R. 222
Bkrtcy.N.D.Ill.,1998.
June 16, 1998

Former Chapter 7 debtor brought adversary proceeding to enforce discharge injunction. The Bankruptcy Court, John H. Squires, J., held that: (1) alleged reaffirmation agreement which was never filed with, nor approved by, bankruptcy court was void and unenforceable; (2) creditor willfully violated discharge injunction in attempting to collect discharged prepetition debt; (3) debtor was entitled to compensatory damages in amount of wages improperly withheld, together with simple interest at rate of nine percent and his reasonable costs; (4) debtor was also entitled to punitive damages in amount of roughly ten times his actual damages; and (5) punitive damages would not be assessed against law firm that represented creditor in its illegal postdischarge collection activity.
So ordered.

MEMORANDUM OPINION


JOHN H. SQUIRES, Bankruptcy Judge.
This matter comes before the Court on the motion for summary judgment filed by William Vazquez (the “Debtorâ€
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