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§ 362(h)

In re Pawlowicz

Dec
05
2005
Ruling
Debtors were granted award of damages against a creditor who violated the automatic stay by declaring the debtors in default and keeping the security provided for the loan.
Procedural posture

The debtors filed a petition for bankruptcy under chapter 13. After the court found a creditor to be in contempt after the creditor failed to defend itself against the debtors'motion for violation of the automatic stay of 11 U.S.C. § 362(a), the debtors filed a request for monetary and punitive damages and attorney fees pursuant to 11 U.S.C. § 362(h) .

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opinion summary, case decided on December 05, 2005 , LexisNexis #0206-031
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In re Smith

Dec
04
2005
Ruling
Lessor was denied relief from automatic stay violation sanctions since confirmed lease was in place and notice of the bankruptcy was not required.
Procedural posture

A lessor was sanctioned under 11 U.S.C. § 362(h) for violating the automatic bankruptcy stay by unilaterally terminating the farm lease of bankruptcy debtors, but the lessor asserted that the lessor did not know of the bankruptcy and that the debtors'tenancy was terminated prior to the bankruptcy. The lessor moved for relief from the judgment of sanctions.

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opinion summary, case decided on December 04, 2005 , LexisNexis #0106-039
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Jung Bea Han v. Ge Capital Small Bus. Fin. Corp.(In re Jung Bea Han)

Sep
26
2005
Ruling
Debtor awarded damages where creditor was deemed to have willfully violated the automatic stay by directing debtor to pay a higher interest rate than was required.
Procedural posture

Pursuant to 11 U.S.C. § 362(a)(3), plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor, seeking compensatory and punitive damages for the creditor's alleged violation of the automatic stay. The creditor filed a supplemental motion for summary judgment.

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opinion summary, case decided on September 26, 2005 , LexisNexis #0106-009
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Young v. Elite Financial Services (In re Young)

Sep
15
2005
Ruling
Debtor was granted sanctions against a creditor who violated the automatic stay by respossessing the debtor's truck after the debtor filed.
Procedural posture

A debtor filed a motion for sanctions pursuant to 11 U.S.C. § 362(h), as it existed prior to the amendments provided by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, alleging that a creditor willfully violated an automatic stay by attempting to repossess the debtor's automobile during his ongoing chapter 13 bankruptcy case.

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opinion summary, case decided on September 15, 2005 , LexisNexis #0206-070
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