RSSLaw firm’s violation of discharge injunction was not contemptuous.
Jul 06
The failure on the part of a law firm that was not retained to collect a discharged prepetition debt until roughly one year after the discharge order was entered to routinely check the electronic court filing system to see whether the debtor may have obtained a discharge of her debts in bankruptcy did not warrant imputing to the law firm the knowledge that such a search would have disclosed, for purpose of holding the bankruptcy law firm in contempt for obtaining a state court judgment on the discharged debt and of awarding sanctions against the firm for violating the discharge injunction. The bankruptcy court could not award damages for violations of the discharge injunction that were technical or inadvertent and did not rise to the level of contempt.
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