- 11 U.S.C.
Brown v. Branch Banking & Trust Co. (In re Brown)
Sep
04
2012
Ruling
Creditor did not violate stay by failing to take affirmative steps to accept surrendered property.
Procedural posture
Plaintiff debtor filed this adversary proceeding alleging that defendant creditor was: (1) in willful contempt of the Confirmation Order, (2) in willful violation of the automatic stay under 11 U.S.C.S. § 362, (3) liable for damages under 11 U.S.C.S. § 362(k). Debtor sought actual damages as well as punitive damages in the amount of $150,000 and attorney fees and litigation expenses. The creditor moved to dismiss, Fed. R. Civ. P. 12(b)(6).
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Court
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