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Caldwell v. McMahans of Lancaster Inc. (In re Caldwell)

Caldwell v. McMahans of Lancaster Inc. (In re Caldwell)

Ruling
Creditor's failure to recall arrest warrant for debtor's non-appearance at examination was a willful stay violation.
Procedural posture

Plaintiff debtor was arrested pursuant to a warrant resulting from her failure to appear at a debtor's examination following the entry of a default small claims judgment against her in favor of defendant creditors. The debtor filed a complaint seeking damages from the creditors for a violation of the automatic stay under 11 U.S.C. § 362(k)(1).

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opinion summary, case decided on December 17, 2006 , LexisNexis #0207-018