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Judge Butler

In re McBride

Debtors moved for an order requiring creditor to show cause why it was not in violation of the automatic stay under 11 U.S.C.S. § 362 for having repossessed a vehicle leased by one of the debtors. The United States Bankruptcy Court for the Southern District of Alabama found that the creditor violated the stay, and compensatory and punitive damages were awarded to the debtor. The creditor appealed.
Ruling: 
Punitive damages for stay violation properly denied.
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Consumer case opionion summary, case decided on May 22,2012, LexisNexis #0612-039

Alabama v. Lett (In re Lett)

Creditor appealed an order of the bankruptcy court, which denied its motion to alter or amend the judgment dismissing, as untimely under Fed. R. Bankr. P. 4007(c), its adversary complaint against debtor.
Ruling: 
Dischargeability proceeding properly dismissed as filed more than 60 days after creditors' meeting.
ABI Membership is required to access the full summary of Alabama v. Lett (In re Lett). 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 March 23,2009, LexisNexis #0509-069
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