- 11 U.S.C.
Sherrit, In re
May
19
2025
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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Court
:
- 11 U.S.C.
Sutton, In re
May
16
2025
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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Court
:
- 11 U.S.C.
Hall, In re
Jun
12
2024
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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Court
:
- 11 U.S.C.
Spencer, In re
May
06
2024
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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Court
:
- 11 U.S.C.
Herremans, In re--Herremans v. Fedo
Jul
18
2023
Ruling
Punitive damages were not appropriate as the conduct of defendant or his counsel in seeking amoney judgment against debtor in state court was not egregious, vindictive, or intentionallymalicious. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Thompson, In re
Jun
20
2023
Ruling
Debtor was not entitled to sanctions for stay violation absent evidence that creditor's conductwas willful. (Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Moon, In re
Jan
24
2023
Ruling
Debtor granted attorneys' fees and costs due to creditor's willful violation of the automatic stay. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Grantham, In re
Dec
14
2022
Ruling
Debtor had not suffered any actual damages as the two-year-old stay violation, a single phonecall from the creditor, did not reasonably cause the debtor to incur any attorney fees or costs.(Bankr. E.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Moon, In re
Jun
13
2022
Ruling
Punitive damages were awarded to the debtor for LLC's repeated and willful violations of theautomatic stay. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Ugarte, In re--Ugarte v. Northstar Alarm Servs.
May
11
2022
Ruling
Debtor was entitled to actual damages, emotional distress damages, and attorneys' fees andcosts as the creditor failed to plead or otherwise defend against the stay violation proceeding.(Bankr. D. Ariz.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
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