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§ 362(k)

Koss, In re

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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Consumer opinion summary, case decided on March 24, 2021 , LexisNexis #0521-031

Nieto, In re--Nieto v. Sanam Ltd.

Ruling
Debtor was entitled to protection of the automatic stay while proceeding challenging validityof pre-petition foreclosure was pending. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on January 29, 2021 , LexisNexis #0321-053

Rellstab, In re

Ruling
Debtor was not entitled to an award of actual and punitive damages as the foreclosure of thedebtor's investment property did not constitute a willful violation of the automatic stay.(Bankr. D. Mass.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on November 10, 2020 , LexisNexis #1220-086

Nilhan Developers, LLC, In re

Ruling
Debtors’ manager lacked standing to pursue claim for violation of the automatic stay. (Bankr.N.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Commercial opinion summary, case decided on November 09, 2020 , LexisNexis #1220-085

Patel, In re

Ruling
Motion in limine preventing the debtor from presenting evidence in proceeding forviolation of the automatic stay denied. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on September 16, 2020 , LexisNexis #1020-076

Thompson, In re--Hopkins v. Coles

Ruling
Trustee's claim for turnover granted wherein the defendant willfully violated the automaticstay and trustee was entitled to actual damages to remedy the stay violations. (Bankr. D. Idaho)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on September 04, 2020 , LexisNexis #1020-053

Allen, In re--Allen v. Capital One Bank

Ruling
Debtors lacked standing to pursue claims related to returned pre-petition garnished wages or postpetition garnished wages. (Bankr. D.N.M.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Court :
Consumer opinion summary, case decided on July 10, 2020 , LexisNexis #0820-055

Christie, In re--Christie v. Fort Gibson State Bank

Ruling
Court's previous award of attorney's fees and costs in stay litigation was increased onreconsideration. (Bankr. E.D. Okla.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 28, 2020 , LexisNexis #0620-055

Rice, In re

Ruling
City's refusal to release debtor's impounded vehicle, once debtor filed bankruptcy and made ademand for the vehicle, was a violation of the automatic stay. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on April 21, 2020 , LexisNexis #0620-030

Lyubarsky, In re

Ruling
Debtor husband who suffered from anxiety and provided evidence of emotional distresscaused by creditor's demands in violation of the automatic stay was due emotional distressdamages. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 17, 2020 , LexisNexis #0620-029