§ 362(k)

Hampton Ventures, LLC, In re--Novak v. Town of W. Hartford Tax Collector

Ruling: 
Debtor was not entitled to a return of amounts paid to an unsecured creditor as confirmationwas binding. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 13,2019, LexisNexis #0519-029

Boltz-Rubinstein, In re

Ruling: 
Bank violated the automatic stay when it engaged in debt collection efforts against the debtoras it failed to show that it was acting as servicer for the actual holder of the mortgage. (Bankr.E.D. Pa.)
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Consumer case opionion summary, case decided on February 08,2019, LexisNexis #0319-060

Easley v. Collection Serv. of Nev.

Ruling: 
Debtor could recover attorneys' fees and costs incurred in appeal in successful appellate challenge of an initial award made pursuant to § 362(k). (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on December 20,2018, LexisNexis #0219-027

Mathis, In re--Mathis v. Eazy Ride Auto Sales, LLC

Ruling: 
Respondent's repossession and continued possession of debtor's automobile constituted a willful stay violation as it had adequate notice of debtor's bankruptcy case when it repossessed the vehicle. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-028

Brodgen v. Holmes Motors Inc.

Ruling: 
Debtor was entitled to recover actual damages as the company willfully violated the stay, and evidence supported an award for lost wages, damages, emotional distress, and reasonable attorney's fees. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 29,2018, LexisNexis #1018-037

Wagner, In re

Ruling: 
Court denied the request of attorney fees and costs of the chapter 13 trustee as he was not eligible under § 362(k) to recover damages for contempt. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-038

Beckford, In re--Beckford v. Romano

Ruling: 
Court ordered attorney to pay the debtor actual damages as the attorney's act of filing a contempt motion in state court after the debtor declared bankruptcy violated the automatic stay. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 15,2018, LexisNexis #0918-097

Gorokhovsky, In re

Ruling: 
Debtor's motion for sanctions and contempt was denied as he was not injured, did not suffer any "actual damages," and contempt was purged when the attorney withdrew the state court order. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on July 05,2018, LexisNexis #0818-036

Rogers, In re

Ruling: 
Denial of debtors' motion for sanctions was warranted and appropriate because debtor failed to respond or comply with multiple court orders. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 23,2018, LexisNexis #0718-033

Roman-Perez, In re--Roman-Perez v. Operating Partners Co. LLC

Ruling: 
Debtors awarded $500 in emotional distress damages after court found out that defendantsviolated the automatic stay. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on February 09,2018, LexisNexis #0318-067

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