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§ 362(k)

Weathers, In re

Ruling
Attorneys' fees and costs awarded for creditor’s willful violation of the automatic stay using a lodestar calculation with reductions due to duplication of efforts and use of improper billing increments. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on June 03, 2025 , LexisNexis #0825-082

Sherrit, In re

Ruling
Trustee could obtain a money judgment for a willful violation of the automatic stay. (Bankr. E.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on May 19, 2025 , LexisNexis #0725-083

Sutton, In re

Ruling
Creditor did not violate the automatic stay as it took no affirmative action after learning of bankruptcy and promptly moved to stay contempt proceedings. (Bankr. D. Colo.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-058

Ard, In re

Ruling
No stay violation found as debtors failed to prove willful conduct or resulting damages from home owners’ association’s actions. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 29, 2025 , LexisNexis #0725-031

Hernandez, In re--Hernandez v. GMH of El Paso, LLC

Ruling
Court found no actual damages for alleged automatic stay violation by pawn shop, citing lack of evidence of harm and jewelry's availability for redemption. (Bankr. W.D. Tex.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 29, 2025 , LexisNexis #0725-032

Cozart-Lundin, In re

Ruling
Debtors failed to support alleg ations that lender and its loan servicer harassed them during the loan modification process and after filing for bankruptcy. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on January 10, 2025 , LexisNexis #0325-032

Church, In re

Ruling
Debtor failed to demonstrate damages flowing from alleged stay violations. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on October 08, 2024 , LexisNexis #0125-005

Hall, In re

Ruling
Creditor held liable for willfully violating automatic stay by filing state court motionsregarding dischargeable divorce debt without obtaining stay relief, after prior stay violationorder. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on June 12, 2024 , LexisNexis #0824-028

Spencer, In re

Ruling
Automatic stay was not violated as the child support referee acted appropriately when sheadjourned the show cause hearing for a past-due obligation after learning of the debtor'sbankruptcy filing. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on May 06, 2024 , LexisNexis #0724-032

Lauber, In re

Ruling
Debtor was entitled to attorneys' fees as a consequence of the employer's contempt of thepayroll order and its violation of the automatic stay by retaining estate property in the form ofwages. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 24, 2024 , LexisNexis #0724-008