Peterson v. Green Tree Servicing LLC (In re Peterson)
Sep
19
2012
Ruling
Creditor's application of installment payments as if received on contract date, rather than when received from trustee or paid to trustee did not violate stay.
Procedural posture
Plaintiff chapter 13 debtors filed amended complaints against defendant creditor alleging that the creditor violated the automatic stay under 11 U.S.C.S. § 362(a). The debtors sought injunctive relief and sought actual damages, punitive damages, attorney fees and costs, and monetary sanctions.
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Court
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