Kondritz v. University of Phoenix Inc. (In re Kondritz
Jun
08
2011
Ruling
Violations of stay by creditor were technical due to insufficient notice of bankruptcy provided by debtor and were not grounds for sanctions.
Procedural posture
Plaintiff debtor brought an adversary proceeding against defendant creditor, seeking to recover damages under 11 U.S.C.S. § 362(k)(1) for alleged willful automatic stay violations. Debtor moved for summary judgment. The creditor filed a cross-motion for summary judgment.
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Court
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