Alabama Bankruptcy Judge Punishes Creditor For Violation Of Discharge Injunction – Filing proof of claim in subsequent case:
In a recent Appeal to the US District Court, the Court Affirmed that Greenpoint Credit, LLC was rightfully punished for filing a claim that had been discharged in a earlier Chapter 7 bankruptcy case. Alabama residents don’t win very often in Federal Court against big mortgage companies – except in Bankruptcy Court! This powerful legal tool will eliminate your debts. If your creditors try to collect the debt after the bankruptcy is discharged, you are protected. Be sure to contact your Chapter 7 Bankruptcy lawyer to report ANY collection actions by bankrupted creditors. As you can see here, creditors can be made to pay dearly for their illegal acts.
The Judge ruled that Greenpoint Credit, LLC had filed an old discharged mortgage deficiency claim in a new bankruptcy. Greenpoint Credit, LLC was Ordered to pay $25,000.00 in emotional distress to the injured Alabama resident. Damages for Emotional Distress are rarely granted in Alabama. Greenpoint was also assessed an additional $50,000.00 in sanctions!
Affirming In re McLean, 2013 WL 5963358 (Bankr. M.D. Ala. Nov. 8, 2013), McLean v. Greenpoint Credit LLC, — B.R. —-, 2014
WL 4207629 (M.D. Ala. Aug. 25, 2014), appeal filed, Green Point Credit v. McLean, Case
No. 14-14002 (11th Cir. filed Sept. 4, 2014) (case no. 1:13-cv-925).