In re Leiba
Apr
27
2015
Ruling
Creditor violated stay by commencing and continuing state court action, including serving the debtor with the complaint at the creditors' meeting.
Issue(s)
Should creditor be sanctioned for commencing and continuing a state court action to collect on a pre-petition debt, and acting willfully after receiving notice of the Debtor's bankruptcy filing.
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Court
:
- 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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Court
:
In re Eeds
Mar
16
2015
Ruling
Creditor's continued postpetition garnishment of debtor's wages in willful violation of stay justified award of damages and fees.
Issue(s)
What sanctions were appropriate for creditor's continued garnishment of debtor's wages after the petition date?
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Court
:
In re Murray
Feb
27
2015
Ruling
Debtor entitled to actual damages for creditor's willful violation of stay by refusing to turn over vehicle that was repossessed prior to petition date.
Issue(s)
Was creditor's refusal to turn over a motor vehicle that had been repossessed prior to the petition date a willful violation of the automatic stay that would justify an award of damages?
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Court
:
In re Schroeder
Feb
09
2015
Ruling
Postpetition bills addressed to debtor's deceased spouse did not violate stay.
Issue(s)
Did medical bills sent to debtor's deceased spouse violate the automatic stay?
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Court
:
In re Manuel
Dec
24
2014
Ruling
Creditor's continuation of prepetition garnishment was a willful violation of the stay entitling debtor to sanctions.
Issue(s)
Did creditor violate the automatic stay by continuing prepetition garnishment against debtor after the petition date and was the violation grounds for sanctions?
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Court
:
- 11 U.S.C.
In re Kelly
Oct
22
2014
Ruling
Damages awarded due to landlord's willful violation of stay.
Issue(s)
Was pro se debtor entitled to damages for landlord's willful violation of the automatic stay?
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Court
:
Banks v. Kams Auto Sales (In re Banks)
Oct
17
2014
Ruling
Automobile dealer's violation of stay was not basis for punitive damages.
Issue(s)
Should auto dealer be sanctioned for its repossession of debtor's vehicle in violation of the automatic stay?
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Court
:
- 11 U.S.C.
In re Snowden
Sep
12
2014
Ruling
Punitive damages properly awarded due to lender's reckless and callous disregard for the automatic stay.
Issue(s)
Whether a debtor can collect attorneys' fees incurred litigating the violation of the automatic stay after the violator sends an e-mail conditionally offering partial reimbursement?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Owen v. Garrett Auto Sales LLC (In re Owen)
Sep
08
2014
Ruling
Debtor lacked standing to proceed against creditor for violation of stay for acting against vehicle that was property of the estate.
Issue(s)
Could debtor proceed against creditor for violation of stay by acting against motor vehicle that was property of the estate?
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Court
: