§ 362(k)

In re Breul

Ruling: 
Creditor sanctioned for filing lien on debtor's property despite actual notice of bankruptcy in a willful violation of the automatic stay.
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Consumer case opionion summary, case decided on July 10,2015, LexisNexis #0815-009

In re Jean-Francois

Ruling: 
Creditor sanctioned for willfully violating stay by evicting debtor despite knowledge of debtor's bankruptcy case.
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Consumer case opionion summary, case decided on July 01,2015, LexisNexis #0715-115

Van Durden v. Redwood Radiology Grp. Inc. (In re Van Durden)

Ruling: 
Debtor not entitled to damages for alleged emotional harm from creditor's stay violations.
ABI Membership is required to access the full summary of Van Durden v. Redwood Radiology Grp. Inc. (In re Van Durden). 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 June 02,2015, LexisNexis #0615-115

Seigfried v. Board (In re Seigfried)

Ruling: 
Award of debtor's attorneys' fees was mandatory where creditor willfully violated stay by garnishing debtor's wages.
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Consumer case opionion summary, case decided on May 29,2015, LexisNexis #0615-116

In re Leiba

Ruling: 
Creditor violated stay by commencing and continuing state court action, including serving the debtor with the complaint at the creditors' meeting.
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Consumer case opionion summary, case decided on April 27,2015, LexisNexis #0515-076

Roman-Perez v. Operating Partners Co. LLC (In re Roman-Perez)

Ruling: 
Postpetition, mistakenly-filed action to enforce judgment violated the automatic stay and was grounds for actual, but not punitive, damages.
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Consumer case opionion summary, case decided on April 06,2015, LexisNexis #0415-108

In re Eeds

Ruling: 
Creditor's continued postpetition garnishment of debtor's wages in willful violation of stay justified award of damages and fees.
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Consumer case opionion summary, case decided on March 16,2015, LexisNexis #0415-008

In re Murray

Ruling: 
Debtor entitled to actual damages for creditor's willful violation of stay by refusing to turn over vehicle that was repossessed prior to petition date.
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Consumer case opionion summary, case decided on February 27,2015, LexisNexis #0315-110

In re Manuel

Ruling: 
Creditor's continuation of prepetition garnishment was a willful violation of the stay entitling debtor to sanctions.
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Consumer case opionion summary, case decided on December 24,2014, LexisNexis #0115-076

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