Bertoncini v. May Department Stores

Alexandria County Circuit Court

Bertoncini v. May Department Stores

3 Va. Cir. 39, 1981 Va. Cir. LEXIS 44

CourtAlexandria County Circuit Court

DecidedOctober 15, 1981

DocketCase No. (Law) 6820

StatusPublished

This text of 3 Va. Cir. 39 (Bertoncini v. May Department Stores) is published on Counsel Stack Legal Research, covering Alexandria County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bertoncini v. May Department Stores, 3 Va. Cir. 39, 1981 Va. Cir. LEXIS 44 (Va. Super. Ct. 1981).

Pincite

Opinion

By JUDGE DONALD H. KENT

In this case the plaintiff seeks damages from the defendant for the continued reporting to a credit bureau a debt which has been discharged in bankruptcy. The Court finds that Section 14(f)(2) of the Bankruptcy Act prevents creditors from taking judicial action to collect on discharged debts but does not prevent informal, non-legal methods of collection such as the reporting of the debt to a credit bureau. The discharge destroys the remedy but not the indebtedness.

The demurrer is sustained.

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By JUDGE DONALD H. KENT

In this case the plaintiff seeks damages from the defendant for the continued reporting to a credit bureau a debt which has been discharged in bankruptcy. The Court finds that Section 14(f)(2) of the Bankruptcy Act prevents creditors from taking judicial action to collect on discharged debts but does not prevent informal, non-legal methods of collection such as the reporting of the debt to a credit bureau. The discharge destroys the remedy but not the indebtedness.

The demurrer is sustained.

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Bluebook (online)

3 Va. Cir. 39, 1981 Va. Cir. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bertoncini-v-may-department-stores-vaccalexandria-1981.