Every once in a while, courts tell us explicitly how to do things. The 9th Circuit took its turn when it laid out how to get a violation of the debtor’s discharge before the court.
The narrow issue in Barrientos v. Wells Fargo, 09-55810,was whether the action against a creditor with a discharged debt should be brought as an adversary or as a motion. The 9th voted for a motion , reasoning that there already was an injunction (§524) and that the court that issued the injunction should be the one to enforce it.
Don’t miss the overview of distinctions between adversary proceedings, contested matters, and applications.
The issue that wasn’t discussed, since the appeal challenged the dismissal of the adversary proceeding by the bankruptcy court, was the nature of the stay violation alleged. The credit reporting agencies continued to report a debt discharged in bankruptcy. The debtor disputed the accuracy of the report and post discharge, former creditor Wells Fargo confirmed the accuracy of the report of outstanding debt.
That kind of behavior is rife. And without getting an accurate credit report, our clients have difficulty recovering from bankruptcy as they should.
Read this case, and if you are in the 9th circuit anyway, the path to the court house is illuminated.