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United States Case Law

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Bankruptcy law

Clutter v. First Community Bank

The court held First Community Bank’s surplus-proceeds petition was in rem, not an effort to collect a discharged debt personally, and dismissed the adversary complaint with prejudice.

  • Discharge injunction
  • In rem vs. in personam
  • Rule 12(b)(6)
  • Surplus tax sale proceeds
  • Lien survival after discharge
  • Bankruptcy-discharge-injunction
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Bankruptcy law

In re Donald Joseph Hefflinger and Michelle Marie Griffiths v. State of Oregon, Department of Consumer and Business Services, Division of Financial Regulation

The bankruptcy court held the DCBS did not violate Hefflinger’s discharge injunction because the penalties were nondischargeable civil fines and part arose after filing.

  • Discharge injunction
  • Nondischargeable civil penalties
  • Chapter 7 discharge
  • Postpetition debt
  • License regulation
  • Motion to dismiss
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About this LexChat collection

United States decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.