In Re Duke
79 F.3d 43 (7th Cir. 1996)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
P filed Chapter 7 bankruptcy. D was listed as one of the creditors. The filing triggered the automatic stay provision. D then sent a letter to P's attorney, with a copy to P 'for information purposes.' D offered to extend P a $500 line of credit if he reaffirmed a balance of $ 317.10 on his account. The letter included the reaffirmation agreement. P claimed that this letter amounted to an impermissible attempt to 'collect, assess, or recover a claim' in violation of § 362(a)(6). The court ruled for D and P appealed.
Issues
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Holding & Decision
The court's holding and decision will be displayed here.
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