Wagner, In re
Aug
30
2018
Ruling
Court denied the request of attorney fees and costs of the chapter 13 trustee as he was not eligible under § 362(k) to recover damages for contempt. (Bankr. E.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Brodgen v. Holmes Motors Inc.
Aug
29
2018
Ruling
Debtor was entitled to recover actual damages as the company willfully violated the stay, and evidence supported an award for lost wages, damages, emotional distress, and reasonable attorney's fees. (Bankr. M.D. Ala.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Beckford, In re--Beckford v. Romano
Aug
15
2018
Ruling
Court ordered attorney to pay the debtor actual damages as the attorney's act of filing a contempt motion in state court after the debtor declared bankruptcy violated the automatic stay. (Bankr. D. Conn.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Gorokhovsky, In re
Jul
05
2018
Ruling
Debtor's motion for sanctions and contempt was denied as he was not injured, did not suffer any "actual damages," and contempt was purged when the attorney withdrew the state court order. (Bankr. E.D. Wis.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Rogers, In re
Apr
23
2018
Ruling
Denial of debtors' motion for sanctions was warranted and appropriate because debtor failed to respond or comply with multiple court orders. (Bankr. D. Mass.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Roman-Perez, In re--Roman-Perez v. Operating Partners Co. LLC
Feb
09
2018
Ruling
Debtors awarded $500 in emotional distress damages after court found out that defendantsviolated the automatic stay. (Bankr. D.P.R.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Parker, In re
Jan
30
2018
Ruling
Court denied debtor's claim as debtor was unable to alert the court of any evidence provingthat the creditor's attorney took any affirmative step to actually collect, recover, or assess anydebt against it which would actually violate the law. (Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Peeples, In re--Lee v. McCardle
Jan
26
2018
Ruling
Automatic stay's goal of ensuring equal creditor treatment isn't implicated for injury in somecapacity other than as a creditor. (10th Cir.)
Issue(s)
Automatic Stay; Remedies for Violation.
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:
Judge or Jurisdiction information not available
Peeples, In re--Lee v. McCardle
Jan
26
2018
Ruling
Automatic stay's goal of ensuring equal creditor treatment isn't implicated for injury in somecapacity other than as a creditor. (10th Cir.)
Issue(s)
Automatic Stay; Remedies for Violation.
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:
Judge or Jurisdiction information not available
Smiley, In re
Jan
11
2018
Ruling
Debtor's motion for sanctions was denied where creditor did not violate the automatic merelyby failing to cause the release of the funds held pursuant to the citation lien. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
: