Pursuing Criminal Charges Against a Debtor May Violate Automatic Stay and Discharge Injunction
In a recently published decision, the U.S. Bankruptcy Court for the Eastern District of North Carolina held that a creditor violated both the automatic stay and discharge injunction when the creditor made a criminal referral against a debtor on account of a bounced rent check.
May 20, 2021 at 12:25 PM
8 minute read
BankruptcyIn a recently published decision, the U.S. Bankruptcy Court for the Eastern District of North Carolina held that a creditor violated both the automatic stay and discharge injunction when the creditor made a criminal referral against a debtor on account of a bounced rent check. The creditor contended that its actions fell within an exception to the automatic stay for the "commencement or continuation of a criminal action or proceeding" against a debtor. The court, however, rejected this contention, concluding that the creditor's "primary purpose" in commencing the criminal proceeding was to recover a debt. See, In re Kimbler, 624 B.R. 774 (Bankr. E.D.N.C. 2020).
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