Date of Decision:
June 16, 2016
Whether the debtors were entitled to recover damages against a secured creditor and its president for alleged violations of the discharge injunction?
Yes. The Court awarded compensatory and punitive damages to the debtors because the secured creditor and its president violated the discharge injunction by convincing the debtors to enter into new post-discharge promissory notes.
Full Bankruptcy Court Decision:
The District Court affirmed. First State Bank of Roscoe v. Stabler, 247 F.Supp.3d 1034 (D.S.D. 2017). The Eighth Circuit Court of Appeals also affirmed. First State Bank of Roscoe v. Stabler, 914 F.3d 1129 (8th Cir. 2019).
Full Bankruptcy Appellate Panel/District Court Appeal Opinion:
Full Eighth Circuit Court of Appeals Opinion: