In Re Duke

79 F.3d 43 (7th Cir. 1996)

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Nature of the Case

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Facts

P filed Chapter 7 bankruptcy. D was listed as one of the creditors.

The filing triggered the automatic stay provision. D then sent a letter to P's attorney, with a copy to P 'for information purposes.' D offered to extend P a $500 line of credit if he reaffirmed a balance of $ 317.10 on his account. The letter included the reaffirmation agreement. P claimed that this letter amounted to an impermissible attempt to 'collect, assess, or recover a claim' in violation of § 362(a)(6). The court ruled for D and P appealed.