- 11 U.S.C.
Witham, In re
Oct
12
2017
Ruling
Debtors awarded damages as creditor willfully violated automatic stay by initiating twopostpetition debits from debtors' bank account. (Bankr. E.D. Ky.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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:
- 11 U.S.C.
Greene, In re
Aug
18
2017
Ruling
Creditor willfully violated the stay ordered by the court, thus causing injury to the debtor andentitling the latter to attorney's fees. (Bankr. W.D.N.Y.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Charity, In re--Charity v. NC Fin. Sols. of Utah, LLC
Aug
14
2017
Ruling
Debtors were awarded actual damages for damages resulting from violations of the automaticstay. (Bankr. E.D. Va.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Lansaw, In re--Lansaw v. Zokaites
Apr
10
2017
Ruling
Award of emotional-distress damages and punitive damages properly granted where debtorsprovided sufficient evidence to support their claim for emotional distress damages caused bylandlord's violation of stay. (3d Cir.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Yantis v. GLHS Unity Surgical Ctr. (In re Yantis)
Jun
30
2016
Ruling
Creditor not sanctioned for garnishment in willful violation of the automatic stay wheredebtor had made full recovery of earnings. (Bankr. N.D. Ind.)
Issue(s)
Should creditor be sanctioned for garnishment in willful violation of the automatic stay?
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:
- 11 U.S.C.
In re Slaven
May
02
2016
Ruling
Creditor sanctioned for four willful attempts to collect from debtor in violation of theautomatic stay. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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:
- 11 U.S.C.
In re Black
Mar
11
2016
Ruling
Bank willfully violated the automatic stay by seeking garnishment and was subject to sanctions.
Issue(s)
Should creditor bank and issuing state department of revenue be sanctioned for garnishment that was allegedly a willful violation of the automatic stay?
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:
- 11 U.S.C.
In re Calloway
Feb
19
2016
Ruling
Debtor not entitled to sanctions against creditor that sought to resume foreclosure after debtor's case was dismissed.
Issue(s)
Should creditors be sanctioned for alleged violation of the automatic stay by proceeding against debtor in state foreclosure action?
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:
- 11 U.S.C.
In re Bourke
Dec
24
2015
Ruling
Debtor awarded attorneys fees, actual and punitive damages for creditor's willful violation of stay by sending three collection notices after being notified of debtor's bankruptcy.
Issue(s)
What sanctions should be assessed against creditor that continued sending debtor collection letters after being served with notice of the filing of the bankruptcy petition?
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:
- 11 U.S.C.
Roman-Perez v. Operating Partners Co. LLC (In re Roman-Perez)
Apr
06
2015
Ruling
Postpetition, mistakenly-filed action to enforce judgment violated the automatic stay and was grounds for actual, but not punitive, damages.
Issue(s)
Did creditor violate the automatic stay by attempting to collect amounts not permitted by law, and was debtor entitled to actual damages, attorneys' fees and punitive damages?
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: