Edwards v. Deutsche Bank Nat’l Trust Co.

(N.D. Ind. Dec. 15, 2014)

The district court affirms the bankruptcy court’s order granting summary judgment in favor of the defendant bank. The debtor filed her chapter 7 petition after the bank had commenced state court foreclosure proceedings. The debtor received a discharge and the bankruptcy was closed. The bank then dismissed the state court action and filed a second action seeking only an in rem judgment. The bank obtained an in rem judgment, which was appealed by the debtor. After the Indiana Court of Appeals affirmed, the debtor moved to re-open the bankruptcy and filed an adversary proceeding against the bank, alleging violations of the discharge injunction. The bankruptcy court granted summary judgment, finding no evidence of a violation. The bank was permitted to seek the in rem judgment following the debtor’s discharge (despite the debtor’s arguments to the contrary). The district court affirmed on the same grounds. Opinion below.

2014-12-15 – edwards v deutsche bank