Thompson v. CitiMortgage Inc. (In re Thompson)
Feb
22
2008
Ruling
Debtor could seek damages for emotional distress due to creditor's stay violation.
Procedural posture
Defendant creditors filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff debtor's complaint for damages for emotional distress, pursuant to 11 U.S.C.S. § 362(h), based on a violation of the automatic stay and the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C.S. § 2605.
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Court
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