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In re Szeflinski

In re Szeflinski

Ruling
Foreclosure action filed in violation of stay entitled debtor to damages.
Procedural posture

A chapter 7 debtor filed a motion seeking monetary damages and other relief pursuant to 11 U.S.C.S. § 362(k)(1) based on a creditor's alleged willful and deliberate violation of the automatic stay related to the creditor's postpetition commencement of a state court civil action for the foreclosure of certain real property of the debtor.

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Consumer opinion summary, case decided on April 20, 2010 , LexisNexis #0710-044