Chambers, In re
Sep
10
2019
Ruling
Debtor was granted attorney's fees for actual and punitive damages as the creditor'srepossession of debtor's vehicle was a willful and intentional stay violation. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Judge or Jurisdiction information not available
Garza, In re--Garza v. CMM Enters., LLC
Jul
25
2019
Ruling
Court limited the award of attorney's fees for willful stay violations as debtor's counsel didnot make any effort to resolve the matter before filing the adversary proceeding. (Bankr. S.D.Tex.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Collins, In re--Collins v. Conventry Pointe Acquisition, LP
Jun
04
2019
Ruling
Debtor's motion for violation of the automatic stay was denied as her testimony wasinsufficient to support the allegation that she was injured by respondent's stay violation.(Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Fontaine, In re
May
14
2019
Ruling
Debtor was entitled to recover attorney's fees as a result of creditor's willful stay violation.(Bankr. D.N.M.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Judge or Jurisdiction information not available
Parker, In re
Apr
11
2019
Ruling
Debtor was awarded reduced attorney's fees and costs for damages caused by creditor'sviolations of the automatic stay. (Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Hampton Ventures, LLC, In re--Novak v. Town of W. Hartford Tax Collector
Mar
13
2019
Ruling
Debtor was not entitled to a return of amounts paid to an unsecured creditor as confirmationwas binding. (Bankr. D.P.R.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Judge or Jurisdiction information not available
Lawson, In re--Lawson v. Shehan
Mar
08
2019
Ruling
Contempt order is not a remedy for a violation of the automatic stay. (Bankr. E.D. Ark.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Boltz-Rubinstein, In re
Feb
08
2019
Ruling
Bank violated the automatic stay when it engaged in debt collection efforts against the debtoras it failed to show that it was acting as servicer for the actual holder of the mortgage. (Bankr.E.D. Pa.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Mathis, In re--Mathis v. Eazy Ride Auto Sales, LLC
Jan
07
2019
Ruling
Respondent's repossession and continued possession of debtor's automobile constituted a willful stay violation as it had adequate notice of debtor's bankruptcy case when it repossessed the vehicle. (Bankr. M.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Easley v. Collection Serv. of Nev.
Dec
20
2018
Ruling
Debtor could recover attorneys' fees and costs incurred in appeal in successful appellate challenge of an initial award made pursuant to § 362(k). (9th Cir.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Judge or Jurisdiction information not available