Section 11 USC 524(a)(2) states that “[a] discharge in a case under this title…operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not sicharge of such debt is waived”. In the recent decision of Mele v. Bank of Am. Home Loans (In re Mele), Case No. 12-5031-BEM, the Mele court held that a lender’s 15 pieces of correspondence to a discharged debtor, during an 18-month period, that included informational documents, Federal Housing Administration information, responses and account statements, were not a violations of the discharge injunction under 11 U.S.C. 524. The Mele court found that the correspondence sent to the debtor provided information to the debtor was for information purposes and provided her with information she needed to avoid foreclosure or in response to her inquiries. In making its decision, the Mele court noted that the Federal Housing Administration (“FHA”) rules require that certain information be provided to borrowers prior to FHA insured loans entering foreclosure.
