Robinson v. Burden
Sep
21
2023
Ruling
Sanctions were imposed in favor of the representative of the bankruptcy estate as actionstaken by defendant to control the property of the estate constituted bad faith. (Bankr. E.D. La.)
Issue(s)
Automatic Stay; Remedies for Violation.
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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
:
Davis, In re--Davis v. JL Auto Sales
May
30
2023
Ruling
Debtor was entitled to damages for creditor's repossession of the debtor's vehicle in violation of the automatic stay and contrary to the confirmed plan. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.
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:
Judge or Jurisdiction information not available
Jennings, In re--Jennings v. Nationstar Mortg., LLC
May
09
2023
Ruling
Debtor could not set aside a foreclosure sale that allegedly violated the automatic stay absent showing that his marital interest in the property became property of the bankruptcy estate. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
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Pope, In re--Pope v. U.S. Bank, N.A.
Feb
16
2023
Ruling
Plaintiff who obtained favorable judgment was contractually obligated to pay the attorneys’ fees and costs as the retention agreement provided that payment was contingent upon recovery or successful result. (Bankr. D.N.H.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Judge or Jurisdiction information not available
- 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
:
Simon, In re--Harrison v. Simon
Sep
30
2022
Ruling
Debtor did not meet his burden of proving his lack of intent to hinder, delay or defraudcreditors by allowing his share of an LLC's sale proceeds to be given to his brother and byconcealing the transfer from the trustee and his creditors. (Bankr. M.D. La.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
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Williams, In re
Sep
30
2022
Ruling
Creditor sanctioned for violation of the automatic stay as it had been on notice of thebankruptcy filing through multiple communications from both the debtor and her counsel.(Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
: