Lost in Bank’s Computer System: Violation of Discharge Injunction
Zombro v. SunTrust; AP No. 06 – 1166; April 14, 2008 This case involved a credit card account and a deed of trust at SunTrust bank. The first legal issue the court addressed was whether or not the debtor would be allowed to amend their complaint against the bank. To this, the court decided that “Under the notice pleading approach adopted in Federal Rule of Bankruptcy Procedure 7008, the bank had sufficient notice both of the claim (violation of the discharge injunction) and the remedy (attorney’s fees) sought by the debtors as well as supporting allegations of fact. See Fed.R.Civ.P.