Daily v. Chase Bank USA (In re Daily)
Dec
18
2007
Ruling
Punitive damages for violation of stay not warranted due to mitigating response of creditor.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor for willful violation of the automatic stay for filing a complaint against the debtor in state court. The creditor failed to respond. The matter was before the court for entry of a default judgment and determination of damages.
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Court
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