injunction

A Cautionary Tale About Injunctions

01/08/15
Many bankruptcies are prompted by foreclosure postings.   Often the debtor must weigh whether to seek an injunction vs. filing bankruptcy.   A recent Texas case makes the point that simply getting the court to grant an injunction is not enough.   Unless the procedures are strictly followed, the injunction may not be valid.   However, that does not mean that the path will be easy as one substitute trustee found out.   The case is In re Chaumette, 2014 Tex. App. LEXIS 13799 (Tex.
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How Bankruptcy Stops Collection Calls

11/14/11

The Automatic Stay in Bankruptcy Those who find themselves struggling financially are often the unfortunate victims of creditor harassment and incessant phone calls. The calls can get so bad that families are often forced to leave their  phone off the hook at dinner time. By definition, bankruptcy involves waving the white flag in the face [...]

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Despite Bad Behavior By Wells Fargo, Court Finds That Broad Remedial Injunction Was Unwarranted

07/23/11
Despite clear cut abuse by a mortgage lender, the Fifth Circuit has found that a bankruptcy court lacked authority to enter a broad remedial injunction requiring Wells Fargo to conduct an extensive audit of claims filed in the Eastern District of Louisiana. Matter of Stewart, No. 09-30832 (5th Cir. 7/22/11). You can find the opinion here.
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