Jung Bea Han v. Ge Capital Small Bus. Fin. Corp.(In re Jung Bea Han)
Sep
26
2005
Ruling
Debtor awarded damages where creditor was deemed to have willfully violated the automatic stay by directing debtor to pay a higher interest rate than was required.
Procedural posture
Pursuant to 11 U.S.C. § 362(a)(3), plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor, seeking compensatory and punitive damages for the creditor's alleged violation of the automatic stay. The creditor filed a supplemental motion for summary judgment.
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Court
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