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§ 362(k)

Berry, In re

Ruling
Creditor’s negative statements about debtor at a political convention and on social media did not violate the automatic stay. (Bankr. W.D.N.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on August 08, 2025 , LexisNexis #1025-030

Shaw, In re

Ruling
Wireless service provider did not willfully violate automatic stay based on lack of bankruptcy notice prior to service termination. (Bankr. D.N.J.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on August 07, 2025 , LexisNexis #1025-031

Haywood, In re--Haywood v. Villa at City Ctr.

Ruling
Court rejected the defendant's procedural argument, finding no legal basis for the claim that § 362(k) actions cannot be brought as adversary proceedings. (Bankr. E.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on July 22, 2025 , LexisNexis #0925-082

Weathers, In re

Ruling
Attorneys' fees and costs awarded for creditor’s willful violation of the automatic stay using a lodestar calculation with reductions due to duplication of efforts and use of improper billing increments. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on June 03, 2025 , LexisNexis #0825-082

Sherrit, In re

Ruling
Trustee could obtain a money judgment for a willful violation of the automatic stay. (Bankr. E.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on May 19, 2025 , LexisNexis #0725-083

Sutton, In re

Ruling
Creditor did not violate the automatic stay as it took no affirmative action after learning of bankruptcy and promptly moved to stay contempt proceedings. (Bankr. D. Colo.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-058

Ard, In re

Ruling
No stay violation found as debtors failed to prove willful conduct or resulting damages from home owners’ association’s actions. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 29, 2025 , LexisNexis #0725-031

Hernandez, In re--Hernandez v. GMH of El Paso, LLC

Ruling
Court found no actual damages for alleged automatic stay violation by pawn shop, citing lack of evidence of harm and jewelry's availability for redemption. (Bankr. W.D. Tex.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 29, 2025 , LexisNexis #0725-032

Cozart-Lundin, In re

Ruling
Debtors failed to support alleg ations that lender and its loan servicer harassed them during the loan modification process and after filing for bankruptcy. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on January 10, 2025 , LexisNexis #0325-032

Church, In re

Ruling
Debtor failed to demonstrate damages flowing from alleged stay violations. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on October 08, 2024 , LexisNexis #0125-005