Ferrer, In re--Ferrer v. Lou Sobh Auto. of Jax, Inc.
Jan
30
2017
Ruling
Creditor did not violate automatic stay as creditor did not receive actual notice of debtor'sbankruptcy filing and thus did not have any knowledge that automatic stay was invoked.(Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Remedies for Violation
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Court
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Citimortgage, Inc. v. Garnier (In re Garnier)
Sep
02
2016
Ruling
Mortgage creditor’s attempts to collect postpetition taxes and insurance did not violate theautomatic stay. (Bankr. M.D. Pa.)
Issue(s)
Could debtors be compelled to repay postpetition taxes and insurance that the mortgagee had paid under the terms of its note and mortgage with the debtors and that the debtors be compelled to pay all property taxes as they become due?
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Court
:
- 11 U.S.C.
Yantis v. GLHS Unity Surgical Ctr. (In re Yantis)
Jun
30
2016
Ruling
Creditor not sanctioned for garnishment in willful violation of the automatic stay wheredebtor had made full recovery of earnings. (Bankr. N.D. Ind.)
Issue(s)
Should creditor be sanctioned for garnishment in willful violation of the automatic stay?
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Court
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Campbell v. Carruthers (In re Campbell)
Jun
14
2016
Ruling
Threatened garnishment by employee of law firm violated the automatic stay and entitled debtor to damages from the firm.
Issue(s)
Did law firm violate the automatic stay when its employee threatened debtor with garnishment?
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Court
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Barnard v. Town of Huntington (In re Joe's Friendly Serv. & Son, Inc.)
Jun
01
2016
Ruling
Debtor corporation was not eligible to claim damages for town and officials for violation ofthe automatic stay. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
In re Slaven
May
02
2016
Ruling
Creditor sanctioned for four willful attempts to collect from debtor in violation of theautomatic stay. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
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In re Silk
Apr
08
2016
Ruling
Debtor awarded actual damages for creditor's knowing violation of the automatic stay.
Issue(s)
Was debtor entitled to damages for student loan creditor's violation of the automatic stay?
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Court
:
Bruner-Halteman v. Educ. Credit Mgmt. Corp. (In re Bruner-Halteman)
Apr
08
2016
Ruling
Damages awarded for creditor's garnishments that violated the automatic stay.
Issue(s)
Should damages be awarded for student loan creditor's repeated garnishments in violation of the automatic stay?
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Court
:
- 11 U.S.C.
In re Black
Mar
11
2016
Ruling
Bank willfully violated the automatic stay by seeking garnishment and was subject to sanctions.
Issue(s)
Should creditor bank and issuing state department of revenue be sanctioned for garnishment that was allegedly a willful violation of the automatic stay?
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Court
:
Jones v. USCB Inc. (In re Jones)
Mar
10
2016
Ruling
Debtor not entitled to damages based on a single healthcare bill sent in violation of the automatic stay.
Issue(s)
Should debtor's proceeding for violation of the automatic stay, based on one bill sent by creditor after the petition date, be dismissed?
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Court
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