- 11 U.S.C.
Derrick v. Biddle (In re Derrick)
May
02
2008
Ruling
Debtor's damages for violation of stay inclusive of attorneys' fees exceeded creditor's offer and did not trigger offer of judgment rules.
Procedural posture
After the court granted judgment to plaintiff debtors on their adversary complaint that defendant creditor willfully violated the automatic stay by continuing to demand payment on pre-petition claims despite actual knowledge of debtors' bankruptcy filing and debtors filed an affidavit reflecting legal expenses, defendant asserted objections thereto based on Fed. R. Civ. P. 68, made applicable through Fed. R. Bankr. P. 7068.
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Court
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