In re Blixseth
Aug
16
2010
Ruling
Stay expired as matter of law with respect to undersecured creditor's claim absent debtor's filing of statement of intention.
Procedural posture
A chapter 7 trustee filed a motion to enforce the automatic stay against a creditor. The debtor's list of creditors holding the 20 largest unsecured claims listed the creditor as having claim of $13,298,628.13 secured by collateral having a value of $2 million, leaving $11,298,628.13 of the creditor's claim unsecured.
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Court
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Butler v. Anderson (In re C.R. Stone Concrete Contractors Inc.)
Jun
09
2010
Ruling
Debtor corporation could not seek damages for violation of stay under old §362(h).
Procedural posture
Debtor, a Massachusetts corporation, filed a petition under chapter 11 of the Bankruptcy Code and commenced adversary proceedings against defendants, general contractors and others, claiming, inter alia, that the contractors conspired to take over the debtor's business. The case was converted to one under chapter 7 of the Bankruptcy Code, and the contractors filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
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Court
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- 11 U.S.C.
Gordon v. United States (In re Sissine)
May
27
2010
Ruling
State department of revenue and IRS did not violate stay by withholding tax refunds due to lack of notice and outstanding Trust Fund Recovery Penalty liabilities respectively.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, the Georgia Department of Revenue (GDOR) and United States of America, claiming, inter alia, that defendants violated the stay that was imposed when a debtor declared bankruptcy and were liable under former 11 U.S.C.S. § 362(h)(1) (recodified in 2005 as 11 U.S.C.S. § 362(k)(1)) in damages. The parties filed cross-motions for summary judgment.
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Court
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Kline v. Tiedemann (In re Kline)
Feb
08
2010
Ruling
Summary judgment granted in favor of creditors in stay violation proceeding.
Procedural posture
Debtor sought compensatory and punitive damages, costs and interest under 11 U.S.C.S. § 362(h) against defendants "C," "T," and "M." Debtor also sought damages based on "M"'s alleged deceit or collusion in violation of N.M. Stat. Ann. § 36-2-17. The matter was before the court on various motions for summary judgment filed by all parties.
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Court
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Laboy v. Doral Mortg. Corp. (In re Laboy)
Oct
23
2009
Ruling
Avoidance of creditor's mortgage was adequate remedy for violation of stay.
Procedural posture
Plaintiff debtors appealed from an order of the Bankruptcy Court for the District of Puerto Rico, that denied the debtors' claim for monetary damages, costs, and attorneys' fees, holding that their avoidance of defendant creditor's $ 25,000 mortgage lien was an adequate remedy, and that no monetary damages were warranted. The debtors asserted that they were denied procedural due process by the bankruptcy court.
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Court
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Judge or Jurisdiction information not available
Bertuccio v. California State Contractors License Bd. (In re Bertuccio)
Oct
15
2009
Ruling
Debtor's attorneys' fees and costs incurred with regard to creditor's violation of stay were not recoverable.
Procedural posture
With respect to debtor's action for damages for violation of the automatic stay, the issue before the court was whether the debtor should be awarded his attorneys' fees and costs as actual damages under 11 U.S.C.S. § 362(h).
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Court
:
- 11 U.S.C.
DaimlerChrysler Fin. Servs. Americas LLC v. Jones (In re Jones)
Sep
29
2008
Ruling
Order for return of vehicle repossessed after debtors failed to redeem or reaffirm reversed.
Procedural posture
Defendant creditor appealed a decision of the Bankruptcy Court for the Southern District of West Virginia, which ordered the creditor to return to plaintiffs, a chapter 7 debtor and his non-debtor wife, the vehicle it repossessed.
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Court
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Young v. Lockhart Morris & Montgomery (In re Young)
Jun
02
2008
Ruling
Debtor awarded damages for creditor's for violation of stay.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor for a violation of the automatic stay under 11 U.S.C.S. § 362. The court held a hearing on the damages that the debtor should be able to recover from the violations and the court issued findings of fact and conclusions of law.
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Court
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In re Bloodworth
May
02
2008
Ruling
IRS violated stay by garnishing debtor's wages for postpetition taxes but could not be sanctioned as debtors had not filed required administrative claim with IRS.
Procedural posture
The debtors filed a motion, pursuant to 11 U.S.C.S. § 362(h), for damages and for contempt against the Internal Revenue Service (IRS) for violating the automatic stay.
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Court
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Thompson v. CitiMortgage Inc. (In re Thompson)
Feb
22
2008
Ruling
Debtor could seek damages for emotional distress due to creditor's stay violation.
Procedural posture
Defendant creditors filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff debtor's complaint for damages for emotional distress, pursuant to 11 U.S.C.S. § 362(h), based on a violation of the automatic stay and the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C.S. § 2605.
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Court
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