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Rehabiltated Inner City Hous LLC v. Mayor of Baltimore City ( In re Lesick)

Rehabiltated Inner City Hous LLC v. Mayor of Baltimore City ( In re Lesick)

Ruling
Limited liability company had standing to pursue automatic stay violation action, but court dismissed action seeking damages for stay violation under section 362(h).
Procedural posture

Defendants, a mayor, a city council, tax sale purchasers, and assignees, filed a motion to dismiss plaintiff limited liability company's ("LLC") action. The LLC sought to have certain tax sales declared void due to violation of the automatic stay in a chapter 7 case and sought damages under former 11 U.S.C. § 362(h) (current version at 11 U.S.C. § 362(k)(1)).

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opinion summary, case decided on July 19, 2006 , LexisNexis #0806-083