Vaughn v. Cent. Miss. Credit Corp. (In re Vaughn)
Mar
03
2016
Ruling
Debtor could recover attorneys' fees incurred in proceeding for violation of the automatic stay.
Issue(s)
Could debtor recover fees incurred in successful proceeding to establish a willing violation of the automatic stay?
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Court
:
- 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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Court
:
Mitchell v. Anderson (In re Mitchell)
Jan
28
2016
Ruling
Creditor violated the discharge injunction but debtor was only entitled to limited actual damages.
Issue(s)
Was pro se debtor entitled to damages from pro se creditor, for prosecuting multiple lawsuits against her in violation of the automatic stay?
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Court
:
- 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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Court
:
- 11 U.S.C.
Jones v. CitiMortgage (In re Jones)
Dec
14
2015
Ruling
Creditor's posting of signs and notices of abandonment on property that had already been foreclosed on petition date was not a willful violation of the automatic stay.
Issue(s)
Did placing of signs and notices on property that had been sold at foreclosure on the petition date violate the automatic stay?
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Court
:
In re Phillips
Jul
13
2015
Ruling
Debtor failed to establish damages for creditor's violation of the automatic stay.
Issue(s)
Was debtor entitled to damages for creditor's stay violation where actual notice to creditor was never established and debtor never communicated to creditor subsequent to the violation?
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Court
:
In re Breul
Jul
10
2015
Ruling
Creditor sanctioned for filing lien on debtor's property despite actual notice of bankruptcy in a willful violation of the automatic stay.
Issue(s)
Should creditor be sanctioned for violating the automatic stay and later the discharge injunction by failing to remove postpetition lien from debtor's property?
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Court
:
In re Jean-Francois
Jul
01
2015
Ruling
Creditor sanctioned for willfully violating stay by evicting debtor despite knowledge of debtor's bankruptcy case.
Issue(s)
Whether creditor violated the automatic stay by evicting the debtor after he filed for bankruptcy, whether the violation was willful, and whether the debtor is entitled to actual or punitive damages?
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Court
:
Van Durden v. Redwood Radiology Grp. Inc. (In re Van Durden)
Jun
02
2015
Ruling
Debtor not entitled to damages for alleged emotional harm from creditor's stay violations.
Issue(s)
Was debtor entitled to damages for emotional harm allegedly caused by creditor's violation of the automatic stay?
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Court
:
Seigfried v. Board (In re Seigfried)
May
29
2015
Ruling
Award of debtor's attorneys' fees was mandatory where creditor willfully violated stay by garnishing debtor's wages.
Issue(s)
Should damages be awarded to debtor due to creditor's willful garnishment of debtor's wages in violation of the automatic stay?
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Court
: