Debtors get Damages for Emotional Distress but not Punitive Damages in Discharge Violation Case

Debtors get Damages for Emotional Distress but not Punitive Damages in Discharge Violation Case

Plaintiff Debtors brought an adversary proceeding against Defendant Oil Company since the Defendant continued to send them monthly collection letters after they filed bankruptcy and after they received their discharge order.

The court found Defendant liable for violating the automatic discharge injunction; the court then determined what damages the debtors would be entitled to.

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