§ 362(k)

Parker, In re

Ruling: 
Court denied debtor's claim as debtor was unable to alert the court of any evidence provingthat the creditor's attorney took any affirmative step to actually collect, recover, or assess anydebt against it which would actually violate the law. (Bankr. N.D. Cal.)
ABI Membership is required to access the full summary of Parker, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 30,2018, LexisNexis #0318-034

Peeples, In re--Lee v. McCardle

Ruling: 
Automatic stay's goal of ensuring equal creditor treatment isn't implicated for injury in somecapacity other than as a creditor. (10th Cir.)
ABI Membership is required to access the full summary of Peeples, In re--Lee v. McCardle. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on January 26,2018, LexisNexis #0318-005

Peeples, In re--Lee v. McCardle

Ruling: 
Automatic stay's goal of ensuring equal creditor treatment isn't implicated for injury in somecapacity other than as a creditor. (10th Cir.)
ABI Membership is required to access the full summary of Peeples, In re--Lee v. McCardle. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on January 26,2018, LexisNexis #0318-005

Smiley, In re

Ruling: 
Debtor's motion for sanctions was denied where creditor did not violate the automatic merelyby failing to cause the release of the funds held pursuant to the citation lien. (Bankr. N.D. Ill.)
ABI Membership is required to access the full summary of Smiley, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 11,2018, LexisNexis #0218-064

Olsen, In re--Olsen v. Fin. Auth. of Me.

Ruling: 
Debtor was entitled to award of damages as creditor violated the automatic stay when it didnot return the money it witheld from debtor 14 months after debtor declared chapter 7bankruptcy. (Bankr. D. Me.)
ABI Membership is required to access the full summary of Olsen, In re--Olsen v. Fin. Auth. of Me.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 29,2017, LexisNexis #0218-008

Horne, In re--Mantiply v. Horne

Ruling: 
Court ruled that the Bankruptcy Code authorized payment of attorneys' fees and costs incurred by debtors in successfully pursuing an action for damages resulting from the violation of the automatic stay and in defending the damages award on appeal. (11th Cir.)
ABI Membership is required to access the full summary of Horne, In re--Mantiply v. Horne. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on December 05,2017, LexisNexis #0118-039

Jackson, In re--Jackson v. Parrott

Ruling: 
Debtor awarded portion of damages requested as court concluded that respondents' failure towithdraw complaint against the debtor amounts to a willful violation of the automatic stay.(Bankr. D. Conn.)
ABI Membership is required to access the full summary of Jackson, In re--Jackson v. Parrott. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 17,2017, LexisNexis #1117-096

Witham, In re

Ruling: 
Debtors awarded damages as creditor willfully violated automatic stay by initiating twopostpetition debits from debtors' bank account. (Bankr. E.D. Ky.)
ABI Membership is required to access the full summary of Witham, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 12,2017, LexisNexis #1117-069

Lara, In re

Ruling: 
Debtors’ resort to an order to show cause why creditor should not be held in contempt for failing to respond to the order awarding debtors' damages was inappropriate as judgments for damages had to almost always be enforced. (Bankr. N.D. Tex.)
ABI Membership is required to access the full summary of Lara, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 06,2017, LexisNexis #1017-034

Johnson, In re

Ruling: 
Punitive damages awarded in favor of the debtor where creditor wilfully violated the automatic stay by intentionally continuing to collect a prepetition debt after receiving knowledge of the debtor's bankruptcy. (Bankr. N.D. Ala.)
ABI Membership is required to access the full summary of Johnson, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 06,2017, LexisNexis #1017-035

Pages

Subscribe to § 362(k)