In re Moreno

MEMORANDUM DECISION REGARDING MOTION TO IMPOSE SANCTIONS FOR VIOLATION OF THE DISCHARGE INJUNCTION

Before the court is a motion to impose sanctions for violation of the discharge injunction (the “Motion”), filed by the debt- or Marianne Moreno (the “Debtor”). The Debtor contends that the respondent, Canyon Lake Property Owners Association (the “Association”), violated the discharge injunction by obtaining a post-petition default judgment against the Debtor in state court. The amount of the judgment was based in part on two delinquent post-petition payments, one that the Association had misapplied to the Debtor’s account and another that the Association contends was paid late. The judgment also included attorney’s fees and interest that had accrued on account of both the post-petition debt and pre-petition discharged debt. The Debtor requests monetary sanctions in the form of her attorney’s fees pursuant to the court’s civil contempt authority under § 105(a). 1 She also requests declaratory and injunctive relief relating to enforcement of the default judgment. Because the default judgment does appear to include attorney’s *559 fees and interest relating to the discharged debt, the…