Carmen Dellutri, Southwest Florida Bankruptcy Attorney wrote:
Bankruptcy Judge Arthur B. Briskman recently
smacked Bank of America to the tune of $12,500.00 for
debtor’s discharge. The award included $2,500.00 in attorney’s fees.
Shockingly, Bank of America did not attend the evidentiary hearing set by the
Court. However, even if they did attend, I doubt there was much they could have
done to prevent Judge Briskman from imposing the same sanction. Doing a little research, this is
obviously not the first time getting
smacked for the bank.
Based upon the pleadings in the record and the evidence presented at the
hearing, it was obvious that Bank of America was
well aware that the debtors not only filed for bankruptcy protection, but that
they had received a copy of the discharge as
well. Post-Discharge, the debtors received approximately thirty-eight
(38) phone calls. The testimony at trial was that agents of Bank of America
stated that they didn’t really care about the bankruptcy and that they would
keep calling until the computer system was updated.
Debtor’s attorney sent several letters demanding that the calls stop; however,
these letters fell on deaf ears. The Debtors moved to re-open the case and
requested sanctions. During the hearing, Judge Briskman took evidence on the
debtor’s damages and the amount of attorney’s fees involved in bringing these
actions. The best part of the opinion for me was how the Judge stated that each
phone call was a violation of the discharge injunction. It was like music to my