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In re Pawlowicz

In re Pawlowicz

Ruling
Debtors were granted award of damages against a creditor who violated the automatic stay by declaring the debtors in default and keeping the security provided for the loan.
Procedural posture

The debtors filed a petition for bankruptcy under chapter 13. After the court found a creditor to be in contempt after the creditor failed to defend itself against the debtors'motion for violation of the automatic stay of 11 U.S.C. § 362(a), the debtors filed a request for monetary and punitive damages and attorney fees pursuant to 11 U.S.C. § 362(h) .

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opinion summary, case decided on December 05, 2005 , LexisNexis #0206-031