Olsen, In re--Olsen v. Fin. Auth. of Me.
Dec
29
2017
Ruling
Debtor was entitled to award of damages as creditor violated the automatic stay when it didnot return the money it witheld from debtor 14 months after debtor declared chapter 7bankruptcy. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Horne, In re--Mantiply v. Horne
Dec
05
2017
Ruling
Court ruled that the Bankruptcy Code authorized payment of attorneys' fees and costs incurred by debtors in successfully pursuing an action for damages resulting from the violation of the automatic stay and in defending the damages award on appeal. (11th Cir.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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:
Judge or Jurisdiction information not available
Jackson, In re--Jackson v. Parrott
Oct
17
2017
Ruling
Debtor awarded portion of damages requested as court concluded that respondents' failure towithdraw complaint against the debtor amounts to a willful violation of the automatic stay.(Bankr. D. Conn.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Witham, In re
Oct
12
2017
Ruling
Debtors awarded damages as creditor willfully violated automatic stay by initiating twopostpetition debits from debtors' bank account. (Bankr. E.D. Ky.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
Johnson, In re
Sep
06
2017
Ruling
Punitive damages awarded in favor of the debtor where creditor wilfully violated the automatic stay by intentionally continuing to collect a prepetition debt after receiving knowledge of the debtor's bankruptcy. (Bankr. N.D. Ala.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Lara, In re
Sep
06
2017
Ruling
Debtors’ resort to an order to show cause why creditor should not be held in contempt for failing to respond to the order awarding debtors' damages was inappropriate as judgments for damages had to almost always be enforced. (Bankr. N.D. Tex.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Greene, In re
Aug
18
2017
Ruling
Creditor willfully violated the stay ordered by the court, thus causing injury to the debtor andentitling the latter to attorney's fees. (Bankr. W.D.N.Y.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Charity, In re--Charity v. NC Fin. Sols. of Utah, LLC
Aug
14
2017
Ruling
Debtors were awarded actual damages for damages resulting from violations of the automaticstay. (Bankr. E.D. Va.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
McDuffie, In re
Jul
20
2017
Ruling
Court denied debtor's motion seeking an award of damages and attorney's fees as the LLC was not informed of the debtor's bankruptcy until after sale of debtor's property. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Lansaw, In re--Lansaw v. Zokaites
Apr
10
2017
Ruling
Award of emotional-distress damages and punitive damages properly granted where debtorsprovided sufficient evidence to support their claim for emotional distress damages caused bylandlord's violation of stay. (3d Cir.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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:
Judge or Jurisdiction information not available