§ 362(k)

Bruner-Halteman v. Educ. Credit Mgmt. Corp. (In re Bruner-Halteman)

Ruling: 
Damages awarded for creditor's garnishments that violated the automatic stay.
ABI Membership is required to access the full summary of Bruner-Halteman v. Educ. Credit Mgmt. Corp. (In re Bruner-Halteman). 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 April 08,2016, LexisNexis #0516-007

In re Black

Ruling: 
Bank willfully violated the automatic stay by seeking garnishment and was subject to sanctions.
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Consumer case opionion summary, case decided on March 11,2016, LexisNexis #0416-043

Jones v. USCB Inc. (In re Jones)

Ruling: 
Debtor not entitled to damages based on a single healthcare bill sent in violation of the automatic stay.
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Consumer case opionion summary, case decided on March 10,2016, LexisNexis #0416-008

Vaughn v. Cent. Miss. Credit Corp. (In re Vaughn)

Ruling: 
Debtor could recover attorneys' fees incurred in proceeding for violation of the automatic stay.
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Consumer case opionion summary, case decided on March 03,2016, LexisNexis #0316-112

In re Calloway

Ruling: 
Debtor not entitled to sanctions against creditor that sought to resume foreclosure after debtor's case was dismissed.
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Consumer case opionion summary, case decided on February 19,2016, LexisNexis #0316-045

Mitchell v. Anderson (In re Mitchell)

Ruling: 
Creditor violated the discharge injunction but debtor was only entitled to limited actual damages.
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Consumer case opionion summary, case decided on January 28,2016, LexisNexis #0216-114

In re Bourke

Ruling: 
Debtor awarded attorneys fees, actual and punitive damages for creditor's willful violation of stay by sending three collection notices after being notified of debtor's bankruptcy.
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Consumer case opionion summary, case decided on December 24,2015, LexisNexis #0116-112

Jones v. CitiMortgage (In re Jones)

Ruling: 
Creditor's posting of signs and notices of abandonment on property that had already been foreclosed on petition date was not a willful violation of the automatic stay.
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Consumer case opionion summary, case decided on December 14,2015, LexisNexis #0316-013

In re Phillips

Ruling: 
Debtor failed to establish damages for creditor's violation of the automatic stay.
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Consumer case opionion summary, case decided on July 13,2015, LexisNexis #0815-008

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