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In re Miller

In re Miller

Ruling
Sanctions not warranted by willful violation of stay where debtors did not suffer actual damages.
Procedural posture

Shortly after debtors filed their bankruptcy petition and notified creditors of the bankruptcy, the debtors received invoices from their former attorney related to a previous litigation. The debtors subsequently moved for sanctions against the attorney pursuant to 11 U.S.C.S. § 362(k) for violation of the automatic stay.

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Consumer opinion summary, case decided on March 01, 2011 , LexisNexis #0811-010