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§ 362(k)

Gammons, In re--Gammons v. M.T.M. Dev't Corp.

Ruling
Complaint for violation of stay sufficiently stated claims against individual agents andattorneys of corporation. (Bankr. D.R.I.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 31, 2020 , LexisNexis #0520-060

Keskey, In re

Ruling
Creditor was not in contempt of the automatic stay as it acted within its rights to pursuecollection under non-bankruptcy law. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on March 30, 2020 , LexisNexis #0520-059

Frasier, In re

Ruling
Failure of a creditor to prevent a process server from serving a small claims complaint was nota willful violation of the stay as debtor failed to establish that creditor had notice of thebankruptcy. (Bankr. W.D. Wis.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on February 26, 2020 , LexisNexis #0420-009

Moon, In re

Ruling
Creditor willfully violated automatic stay as debtors received multiple account information ormortgage statements from creditor after they filed their petition. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on February 25, 2020 , LexisNexis #0420-056

LeGrand, In re

Ruling
Creditor and debt collector were liable for willful stay violations as they knew that a dischargehad been entered and any continued garnishments would violate such discharge order. (Bankr.E.D. Cal.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on February 06, 2020 , LexisNexis #0320-058

Woods, In re

Ruling
Defendants were liable to debtor for actual and punitive damages for the violation of theautomatic stay following the court's order. (Bankr. D. Mass.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on February 04, 2020 , LexisNexis #0320-056

Wilson, In re--Wilson v. Arbors of Cent. Park ICG, LLC

Ruling
Landlord's eviction action against debtors was in violation of the automatic stay as thelandlord was clearly aware of the existence of the automatic stay at the time of itscommencement and prosecution. (Bankr. N.D. Tex.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on December 02, 2019 , LexisNexis #0120-032

Barksdale, In re

Ruling
Debtor failed to meet his burden of establishing that stay violation caused actual damages andthe law did not permit recovery for the emotional damage that allegedly resulted. (Bankr. N.D.Ohio)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on November 13, 2019 , LexisNexis #1219-080

Caldwell, In re

Ruling
Debtor not entitled to damages where nothing creditor did not take any action against vehicleseized by court officer. (Bankr. E.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on October 30, 2019 , LexisNexis #1219-058

Edwards, In re

Ruling
Creditor’s refusal to return a motorcycle to debtor after unlawfully repossessing it was awillful violation of the automatic stay. (Bankr. W.D. Va.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on September 25, 2019 , LexisNexis #1119-031