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Laboy v. Doral Mortg. Corp. (In re Laboy)

Laboy v. Doral Mortg. Corp. (In re Laboy)

Ruling
Bankruptcy court erred in denying debtors the opportunity to prove damages due to creditor's violation of stay.
Procedural posture

Concluding that the cancellation of a mortgage was a sufficient remedy for a willful violation of the automatic stay, the bankruptcy court denied appellant debtors' request for a hearing on damages. The Bankruptcy Appellate Panel affirmed the bankruptcy court's decision. The debtors appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 27, 2011 , LexisNexis #0611-105