Goldberg v. Ellett (In Re Ellett) ( 1999 )

BRANDT, Bankruptcy Judge,

concurring:

I join in the foregoing opinion, but write separately to observe that section 524(a)(2), quoted in footnote 3, above, may well be a standing ex parte Young injunction, in effect from the entry of discharge. In re DeAngelis, 239 B.R. 426, 432 (Bankr.D.Mass.1999).

If that is so, Defendant Goldberg (and others similarly situated) collect on arguably discharged debts at their peril, and he faces the same choice as anyone else who’s not sure an injunction bars his contemplated course of action: obtain a judicial determination from the issuing court first, or bear the consequences if in error. Celotex Corp. v. Edwards, 514 U.S. 300, 313, 115 S.Ct. 1493, 131 L.Ed.2d 403 (1995). Further, adversary proceedings such as the one before us could go directly to the question of sanctions upon determination that the debt in question was, in fact, discharged.