Koeberer, In re--Koeberer v. Cal. Bank of Commerce
Nov
18
2021
Ruling
Bankruptcy court erred in determining that debtors lacked standing and denying attorneys'fees and costs on grounds that the violations were "technical". (B.A.P. 9th Cir.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Judge or Jurisdiction information not available
Toppin, In re--Toppin v. Williams
Nov
08
2021
Ruling
Debtor failed to prove injury or actual damages causally linked to the Sheriff's Office's stayviolation. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Imperial Petro. Recovery Corp., In re--Carmichael v. Balke
Aug
18
2021
Ruling
Plaintiffs’ attorneys’ fees award reduced where plaintiffs were erroneously awarded actualdamages in a greater amount than that to which they were entitled. (Bankr. S.D. Tex.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
In re Crawford v. Morris (In re Zimmer)
Aug
11
2021
Ruling
Creditors' garnishment action against Chapter 7 Trustee was a willful violation of the stay andtriggered sanctions. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Remedies for Violation.
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McCarthy, In re--McCarthy v. Atlanta Postal Credit Union
Jun
16
2021
Ruling
Creditor who violated the automatic stay was not entitled to dismissal of pro se debtor'sappeal against creditor as debtor's entitlement to the amount awarded was uncontested. (B.A.P.6th Cir.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Judge or Jurisdiction information not available
Brittner, In re--Brittner v. Beach Anesthesia, LLC
Jun
10
2021
Ruling
Chapter 7 debtor was not entitled to recover for a creditor's alleged violation of the automaticstay as she failed to establish damages. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.
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:
Judge or Jurisdiction information not available
Session v. Am. Honda Fin. Corp.
May
18
2021
Ruling
Debtor was entitled to an award of punitive damages because debtor sustained actual damagesfor her loss of equity in the vehicle due to the creditor's violation of the automatic stay. (Bankr.S.D. Ala.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Session v. Am. Honda Fin. Corp.
May
18
2021
Ruling
Debtor was entitled to an award of punitive damages because debtor sustained actual damagesfor her loss of equity in the vehicle due to the creditor's violation of the automatic stay. (Bankr.S.D. Ala.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Kennedy, In re--Kennedy v. Najarian Capital, LLC
Apr
13
2021
Ruling
Bankruptcy court had subject matter jurisdiction to hear a stay violation claim by debtor asbankruptcy courts had subject matter jurisdiction over § 362(k) claims even where debtorbrought them after dismissal of bankruptcy case. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Koss, In re
Mar
24
2021
Ruling
Debtor's motion for sanctions was granted because the attorney and his clients violated theautomatic stay. (Bankr. C.D. Ill.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
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