In re Sullivan
Apr
02
2007
Ruling
Creditor's inclusion of undisclosed preconfirmation attorneys fees and bankruptcy attorneys'fees in payoff letter demanding payment as prerequisite to closing violated stay.
Procedural posture
Under consideration by the court was a motion filed by debtor pursuant to 11 U.S.C. § 362(h). Claiming violations of the automatic stay provisions of 11 U.S.C. § 362, debtor requested $10,000 in actual, statutory, and punitive damages against a creditor and its law firm, as well as contingent attorney fees, or, in the alternative, $2,000 in attorneys' fees, and an order vacating and discharging any indebtedness claimed by the creditor.
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Court
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