In re Campbell (09-71049)
The court held that a creditor can seek relief from the discharge injunction to pursue a judgment of liability against the debtor for the sake of recovering against the debtor.s insurer. The court also relied upon 11 U.S.C. ยง524(e) for the proposition that a creditor may seek relief from the permanent injunction in order to establish liability of the debtor to recover from a third party.
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Thursday, April 29, 2010