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Wingard v. Altoona Regl Health Sys. (In re Wingard)

Wingard v. Altoona Regl Health Sys. (In re Wingard)

Ruling
Postpetition demand letters were willful stay violations but sanctions not warranted absent proof of distress.
Procedural posture

Plaintiff chapter 13 debtors filed an adversary proceeding against defendants, a healthcare company and a debt collection agency, claiming that they violated the automatic stay imposed by 11 U.S.C.S. § 362 when they demanded payment of a debt the debtors owed.

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Consumer opinion summary, case decided on March 06, 2008 , LexisNexis #0308-109