§ 362(k)

In re Hildreth

Chapter 13 debtors filed a motion seeking sanctions against a creditor for violating the automatic stay under 11 U.S.C. § 362(k).
Ruling: 
Creditor sanctioned for continuing to contact debtor in willful violation of stay.
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In re Barton

Pending was debtors'motion seeking sanctions against the County Clerk of Will County, Illinois, for violating the automatic stay of 11 U.S.C. § 362. The motion sought: (1) a declaration that the Clerk's actions violated the stay; (2) an injunction prohibiting a tax sale and any further collection activities; and (3) compensatory damages and attorney fees under section 362(k). The County moved to dismiss the motion for failure to state a claim.
Ruling: 
County clerk sanctioned for violating stay by attempting to collect interest and costs on taxes paid through chapter 13 plan.
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