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IN RE RHYNE

Bankruptcy No. 84-01956G, Adv. No. 85-0413G.

59 B.R. 276 (1986)

In re Clinton RHYNE and Anna Rhyne, Debtors. Clinton RHYNE and Anna Rhyne, Plaintiffs, v. Mamie CUNNINGHAM, Individually and as Administratrix of the Estate of Jeffrey Cunningham, Deceased, and James R. Moyles, Esquire, and Feinberg & Silva, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

April 8, 1986.

Attorney(s) appearing for the Case

Eric L. Frank, Community Legal Services, Inc., Philadelphia, Pa., for debtors/plaintiffs, Clinton Rhyne and Anna Rhyne.

James R. Moyles, Philadelphia, Pa., for James R. Moyles, defendant.

Felix P. Gonzalez, Feinberg & Silva, Philadelphia, Pa., for defendants, Mamie Cunningham, Individually and as Administratrix of the Estate of Jeffrey Cunningham, Deceased, and Feinberg & Silva.

Samuel M. Brodsky, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The issue under scrutiny is whether a creditor who violates the permanent injunction of 11 U.S.C. § 524(a) of the Bankruptcy Code ("the Code") barring the collection of a discharged debt, may be held in civil contempt for that conduct and be surcharged attorneys' fees. We hold that a violation of § 524(a) may be redressed through contempt and the exaction of attorneys' fees.

We summarize the facts...

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