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In re Green

United States Bankruptcy Court for the Eastern District of North Carolina

2011 WL 5902502 (2011)

Relevant factsFree

Green (plaintiff) owed East Carolina University (ECU) (defendant) for an overpaid financial-aid amount ECU had already repaid on his behalf to a third-party program. After Green filed Chapter 7 bankruptcy, he continued attending ECU and later withdrew, forcing ECU to return additional financial aid and bill him for both amounts through four letters and invoices sent after ECU had notice of his bankruptcy filing. ECU argued the mailings were unintentional, resulting merely from poor communication between its internal departments and an automated billing process.

IssueFree

Whether a creditor may willfully attempt to collect a prepetition debt from a bankruptcy petitioner after the petitioner files a bankruptcy petition.

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