In re Urwin
Feb
02
2010
Ruling
Debtor entitled to actual damages for creditor attorney's stay violation but not damages for emotional distress.
Procedural posture
Chapter 7 debtor filed a motion seeking damages attributable to a willful violation of the automatic stay under 11 U.S.C.S. § 362(a) allegedly committed by one of her creditors, an attorney who sought legal fees. The debtor also sought emotional distress or punitive damages under 11 U.S.C.S. § 362(k).
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Court
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