- 11 U.S.C.
In re Ebadi
Mar
30
2011
Ruling
Foreclosure on property where debtor was guarantor of underlying debt violated stay.
Procedural posture
Before the court was a motion filed by debtor to reopen debtor's bankruptcy case under 11 U.S.C.S. § 350(b) in order to have the court vacate a foreclosure sale of certain real property conducted by respondent. The Motion also sought an award of actual and punitive damages for respondent's alleged willful violation of the automatic stay, pursuant to 11 U.S.C.S. § 362(k)(1).
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Court
:
- 11 U.S.C.
Heers v. Gibson Realty Inc. (In re Heers)
Aug
31
2010
Ruling
Realty company sanctioned for applying debtor agent's earned commission to outstanding expense account and office expenses in violation of stay.
Procedural posture
Plaintiff chapter 7 debtor filed a complaint against defendant realty company alleging conversion and a violation of 11 U.S.C.S. § 362 based upon the realty company's retention of the debtor's commission on the sale of certain property and the deduction of office expenses of another realtor. The debtor sought to recover her attorney's fees and costs and the sales commission.
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Court
:
- 11 U.S.C.
Velasquez v. Hanes PR Inc. (In re Velasquez)
Jul
02
2010
Ruling
State court action against corporation did not violate stay in case of individual debtors.
Procedural posture
Plaintiff debtors filed an adversary proceeding against defendants, a creditor and its attorney, for willful violation of the automatic stay by having moved the local court to continue a collection of money proceeding against debtors. Defendants moved to dismiss, alleging that there was no violation of the automatic stay, and also filed a motion requesting sanctions against the debtors under Fed. R. Bankr. P. 9011.
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:
- 11 U.S.C.
In re Szeflinski
Apr
20
2010
Ruling
Foreclosure action filed in violation of stay entitled debtor to damages.
Procedural posture
A chapter 7 debtor filed a motion seeking monetary damages and other relief pursuant to 11 U.S.C.S. § 362(k)(1) based on a creditor's alleged willful and deliberate violation of the automatic stay related to the creditor's postpetition commencement of a state court civil action for the foreclosure of certain real property of the debtor.
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Court
:
- 11 U.S.C.
In re Sanders
Feb
16
2010
Ruling
Creditor sanctioned for contacting debtor and repossessing motor vehicle despite actual notice of debtor's bankruptcy.
Procedural posture
A bankruptcy debtor asserted that a creditor secured by the debtor's vehicle violated the automatic bankruptcy stay by contacting the debtor and repossessing the vehicle after receiving notice of the debtor's bankruptcy. The debtor moved for sanctions against the creditor pursuant to 11 U.S.C.S. § 362(k)(1).
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Court
:
- 11 U.S.C.
Johnson v. Smith (In re Johnson)
Aug
05
2009
Ruling
Damages for stay violation were proper and enforceable even after dismissal of underlying case.
Procedural posture
Chapter 13 debtors obtained damages under 11 U.S.C.S. § 362(k)(1) for violation of the automatic stay by appellants, a business and an officer. While that decision was pending appeal, the Chapter 13 case was dismissed. On remand of the adversary action, appellants argued that the dismissal divested the court of its § 362 jurisdiction. The bankruptcy court and the Tenth Circuit Bankruptcy Appellate Panel (BAP) disagreed. An appeal followed.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Lichtenstein v. Cohen & Stamowitz LLP (In re Liechtenstein)
Mar
31
2009
Ruling
Bankruptcy court properly declined to award sanctions and attorneys' fees for stay violation that it found was not willful.
Procedural posture
Debtor sought review of an order of the Bankruptcy Court for the Southern District of New York, which denied his motion for sanctions and attorney's fees for an alleged willful violation by appellees, a creditor and its collection agency, of the automatic stay imposed by 11 U.S.C.S. § 362.
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:
- 11 U.S.C.
In re Mitchell
Feb
06
2009
Ruling
Creditor violated stay by contacting debtor and going to debtor's house after receiving notice of bankruptcy.
Procedural posture
A chapter 13 debtor filed a motion pursuant to 11 U.S.C.S. § 362(k)(1), seeking relief for violations of the automatic stay allegedly committed by a creditor.
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Court
:
- 11 U.S.C.
5th Avenue Real Estate Dev. Inc. v. Countrywide Home Loans Inc. (In re 5th Avenue Real Estate Dev. Inc.)
Sep
19
2008
Ruling
Corporte debtor was not an "individual" and not eligible for damages for stay violations.
Procedural posture
Plaintiff debtor filed a complaint against defendants, creditors, alleging that the creditors proceeded with a foreclosure action in violation of the automatic stay. The debtor sought damages under 11 U.S.C.S. § 362(k)(1) in the amount of $ 49,000.
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:
- 11 U.S.C.
Parker v. Pioneer Credit Co. of Ala. Inc.
Sep
10
2008
Ruling
Lodestar method properly used to determine fee award in stay violation proceeding.
Procedural posture
Appellant creditor challenged an award of attorneys' fees to appellee debtor by the U.S. Bankruptcy Court for the Middle District of Alabama, Southern Division. At issue was whether the fees awarded pursuant to 11 U.S.C.S. § 362(k)(1) were excessive and unreasonable.
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