United States First Circuit

In bankruptcy proceeding, judgment finding no discharge injunction violation in defendants' refusal to either foreclose or release the mortgage lien on the plaintiffs' residence is affirmed, where: 1) defendant offered to release its lien through either a settlement offer or a short sale indicating an intent to collect no more than the value secured by the underlying lien, as well as a willingness to negotiate a palatable solution for all involved; 2) the records show no evidence showing that the alternatives defendants proposed were unfeasible; and 3) the collateral here has value that may increase over time.

Appellate Information

• Decided 02/01/2013
• Published 02/01/2013

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel