In re Hundley
Feb
07
2006
Ruling
Debtors were awarded damages for the bank's willful violation of the automatic stay by refusing the debtor's postpetition demand for turnover of the debtor's vehicle repossessed prepetition.
Procedural posture
Debtors sought a determination that creditor bank violated the automatic stay when it refused debtors' postpetition demand to turnover debtors' vehicle that the bank had repossessed prepetition. Debtors demanded the payment of sanctions for the bank's actions, which debtors considered to be willful and therefore remediable under former 11 U.S.C. § 362(h).
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Court
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