§ 362(k)

Banks v. Kams Auto Sales (In re Banks)

Ruling: 
Automobile dealer's violation of stay was not basis for punitive damages.
ABI Membership is required to access the full summary of Banks v. Kams Auto Sales (In re Banks). 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 October 17,2014, LexisNexis #1114-040

In re Snowden

Ruling: 
Punitive damages properly awarded due to lender's reckless and callous disregard for the automatic stay.
ABI Membership is required to access the full summary of In re Snowden. 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 September 12,2014, LexisNexis #1014-007

Owen v. Garrett Auto Sales LLC (In re Owen)

Ruling: 
Debtor lacked standing to proceed against creditor for violation of stay for acting against vehicle that was property of the estate.
ABI Membership is required to access the full summary of Owen v. Garrett Auto Sales LLC (In re Owen). 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 September 08,2014, LexisNexis #1014-009

Everette v. Ocwwen Loan Servicing LLC (In re Everette)

Ruling: 
Pro se complaint for declaratory judgment and alleging stay violation was insufficient and improperly served but leave to amend was granted.
ABI Membership is required to access the full summary of Everette v. Ocwwen Loan Servicing LLC (In re Everette). 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 September 04,2014, LexisNexis #1014-044

Americas Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)

Ruling: 
Debtor entitled to attorneys' fees for defending appeal of finding of stay violation.
ABI Membership is required to access the full summary of Americas Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard). 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 August 29,2014, LexisNexis #1014-008

In re Adams

Ruling: 
Actions taken by repossession men as agents of creditor violated stay and were grounds for damages.
ABI Membership is required to access the full summary of In re Adams. 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 August 21,2014, LexisNexis #0914-080

Marzullo v. Rubin

Ruling: 
Landlord's locking debtor out of premises on last day of lease violated stay but entitled debtor to only nominal damages.
ABI Membership is required to access the full summary of Marzullo v. Rubin. 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 August 05,2014, LexisNexis #0914-007

Morris v. Wells Fargo (In re Morris)

Ruling: 
Loan servicer's inadvertent actions did not violate stay.
ABI Membership is required to access the full summary of Morris v. Wells Fargo (In re Morris). 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 July 28,2014, LexisNexis #0814-081

Escobedo v. Davis (In re Escobedo)

Ruling: 
Creditor sanctioned for attempt to enforce eviction order in violation of stay.
ABI Membership is required to access the full summary of Escobedo v. Davis (In re Escobedo). 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 July 03,2014, LexisNexis #0714-115

Pages

Subscribe to § 362(k)