In re Breul

MEMORANDUM OF DECISION RE ORDER TO SHOW CAUSE RE CONTEMPT FOR VIOLATIONS OF (1) THE AUTOMATIC STAY; AND (2) THE DISCHARGE INJUNCTION

On or about October 14, 2005, Debtor Charles Breul (“Debtor”) filed a voluntary chapter 7 petition. He 'listed Creditors Frank Addamo and Creditors Specialty Service, Inc., collecting for Frank Addamo, (“CSS”) as unsecured nonpriority creditors on his schedules. The chapter 7 trustee determined it was a no asset case. No objection to discharge was made in Debt- or’s bankruptcy. On or about February 10, 2006, Debtor obtained a discharge.

In 2013, Debtor discovered that an abstract of judgment had been recorded post-petition on behalf of Respondents on December 27, 2005 (the “Lien”). On August 20, 2013, Debtor’s bankruptcy counsel, Barry Borowitz, contacted CSS to remove the Lien. Declaration of Barry Borowitz in Support of Motion for OSC, ¶3-4 (the “Borowitz Dec.”). Speaking with Borowitz on behalf of CSS, Charles V. Stanley, Jr., president of CSS during all relevant time periods (“Stanley” or collectively with CSS as “Respondents”), *786 first stated that Debtor should have filed a § 522(f) motion. Id. After informing Stanley that the Lien was void…