Background

• Debtor filed Chapter 13 (Nov. 2012), proposed plans listing Nationstar as mortgagee but claiming no valid assignment, and plans were not confirmed after Nationstar objected. Debtor converted to Chapter 7, received a discharge (Apr. 29, 2014), and later reopened the case.
• Nationstar filed a secured proof of claim (attached note, mortgage, allonge, assignment); Debtor did not object to that proof of claim.
• Debtor twice initiated adversary proceedings challenging Nationstar’s mortgage; one was dismissed for failure to prosecute (adjudication on the merits).
• After discharge, Nationstar sent six post-discharge communications to Debtor (statements, default notices, and loan-specialist letters); each included language disclaiming attempts to collect discharged personal liability and reserving rights to enforce the mortgage.
• Debtor sued under 11 U.S.C. § 524(a)(2) claiming the letters violated the discharge injunction. Nationstar moved for judgment on the pleadings, asserting the § 524(j) exception for holders of secured claims and that its letters were ordinary-course, informational communications.
• Bankruptcy court granted judgment for Nationstar, concluding the letters were informational and, even if collection acts, fell within § 524(j) because Nationstar held a mortgage on Debtor’s principal residence. This appeal followed.

Issues

-> Issue: Whether post-discharge letters violated § 524(a)(2) discharge injunction -> Plaintiff's Argument: Best contends letters demanded payment and coerced collection of a discharged debt -> Defendant's Argument: Nationstar says letters were informational, contained disclaimers, and not attempts to collect personal liability -> Held: Letters were informational, not coercive demands; insufficient to state a plausible § 524(a)(2) violation

-> Issue: Whether § 524(j) exception shields Nationstar’s post-discharge conduct -> Plaintiff's Argument: Best argues Nationstar lacked a secured claim (no valid mortgage) so § 524(j) does not apply -> Defendant's Argument: Nationstar points to recorded mortgage, proof of claim, and ordinary-course communications to satisfy § 524(j) -> Held: Pleadings and judicially noticed filings establish Nationstar held a secured claim; § 524(j) applies (other § 524(j) elements waived by Debtor)

-> Issue: Effect of Nationstar’s failure-to-object/proof-of-claim arguments (Debtor’s recurring claim) -> Plaintiff's Argument: Best asserts Nationstar’s failure to object to plan or proofs means mortgage was discharged/unsecured -> Defendant's Argument: Nationstar actually objected to plans and timely filed a proof of claim; absent an objection the claim is prima facie valid -> Held: Record shows Nationstar filed objections and a proof of claim; undisputed status is secured and presumed valid

-> Issue: Pleading-stage standard for judgment on the pleadings where defendant asserts an affirmative defense -> Plaintiff's Argument: Best maintains factual dispute about mortgage validity precludes judgment on pleadings -> Defendant's Argument: Nationstar argues facts (letters, claim, recordings, dismissals) are in the pleadings/record and conclusively establish its defense -> Held: Under Rule 12(c) court may consider undisputed documents and docket entries; facts establish defense with certitude so judgment on the pleadings proper

Key Cases Cited

• Canning v. Beneficial Me., Inc. (In re Canning), 706 F.3d 64 (1st Cir.) (discharge does not bar enforcement of valid mortgage lien; lien survives discharge)
• Bessette v. Avco Fin. Servs., Inc., 230 F.3d 439 (1st Cir.) (discharge injunction broadly bars collection of discharged personal liability)
• Pratt v. Gen. Motors Acceptance Co. (In re Pratt), 462 F.3d 14 (1st Cir.) (objective standard for coercion under discharge injunction)
• Curran v. Cousins, 509 F.3d 36 (1st Cir.) (standards for Rule 12(c) and consideration of documents referenced in pleadings)
• Bates v. CitiMortgage, Inc. (In re Bates), 517 B.R. 395 (Bankr. D.N.H.) (informational post-discharge communications with disclaimers do not necessarily violate § 524)