- 11 U.S.C.
In re McBride
May
22
2012
Ruling
Punitive damages for stay violation properly denied.
Procedural posture
Debtors moved for an order requiring creditor to show cause why it was not in violation of the automatic stay under 11 U.S.C.S. § 362 for having repossessed a vehicle leased by one of the debtors. The United States Bankruptcy Court for the Southern District of Alabama found that the creditor violated the stay, and compensatory and punitive damages were awarded to the debtor. The creditor appealed.
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Court
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