Evans, In re
Sep
30
2022
Ruling
Creditor violated the automatic stay by marking up or purporting to amend the form of 48-hour notice to establish a new date for the eviction and serving that on the debtor while theautomatic stay was in place. (Bankr. D. Mass.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
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Busby, In re
Aug
01
2022
Ruling
Debtor was not entitled to an award of damages as she had not established that the mortgageeor its counsel violated the discharge injunction by seeking payment of the mortgagee'smortgage against the ex-husband's tenant. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Moon, In re
Jun
13
2022
Ruling
Punitive damages were awarded to the debtor for LLC's repeated and willful violations of theautomatic stay. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
Barden, In re
May
26
2022
Ruling
City's provision of payment information pursuant to a request by the debtor did not violatethe automatic stay. (Bankr. N.D.N.Y.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Ugarte, In re--Ugarte v. Northstar Alarm Servs.
May
11
2022
Ruling
Debtor was entitled to actual damages, emotional distress damages, and attorneys' fees andcosts as the creditor failed to plead or otherwise defend against the stay violation proceeding.(Bankr. D. Ariz.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Shreeves, In re
Mar
29
2022
Ruling
Creditor did not willfully violate the automatic stay when it called the business line for thedebtor's company in an effort to collect a debt as there was no threat to pursue the debtorindividually for the company's debt. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Ironside, LLC, In re
Feb
23
2022
Ruling
Bankruptcy court properly determined that assignee willfully violated the automatic staywhen it submitted a substitution order in another court to obtain control or possession of alawsuit in which the debtor had an interest. (Bankr. N.D. Fla.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Altamirano, In re
Feb
02
2022
Ruling
Creditor sanctioned for repossession of the debtor's vehicle in knowing violation of theautomatic stay. (Bankr. D. Ariz.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
Defeo, In re--Defeo v. Winyah Surgical Specialists, P.A.
Jan
14
2022
Ruling
Defendant willfully violated the automatic stay by sending an invoice for a medical debt andwas liable for actual damages, including attorney's fees. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.
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:
Judge or Jurisdiction information not available
GYPC, Inc., In re--Harker v. Eastport Holdings, LLC
Nov
22
2021
Ruling
Corporate debtor could not pursue automatic stay violations under a willful violation standardas § 362(k) was inapplicable to corporate entities. (Bankr. S.D. Ohio)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
: