Bruner-Halteman v. Educ. Credit Mgmt. Corp. (In re Bruner-Halteman)
Apr
08
2016
Ruling
Damages awarded for creditor's garnishments that violated the automatic stay.
Issue(s)
Should damages be awarded for student loan creditor's repeated garnishments in violation of the automatic stay?
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Court
:
- 11 U.S.C.
In re Black
Mar
11
2016
Ruling
Bank willfully violated the automatic stay by seeking garnishment and was subject to sanctions.
Issue(s)
Should creditor bank and issuing state department of revenue be sanctioned for garnishment that was allegedly a willful violation of the automatic stay?
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Court
:
Jones v. USCB Inc. (In re Jones)
Mar
10
2016
Ruling
Debtor not entitled to damages based on a single healthcare bill sent in violation of the automatic stay.
Issue(s)
Should debtor's proceeding for violation of the automatic stay, based on one bill sent by creditor after the petition date, be dismissed?
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Court
:
Vaughn v. Cent. Miss. Credit Corp. (In re Vaughn)
Mar
03
2016
Ruling
Debtor could recover attorneys' fees incurred in proceeding for violation of the automatic stay.
Issue(s)
Could debtor recover fees incurred in successful proceeding to establish a willing violation of the automatic stay?
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Court
:
- 11 U.S.C.
In re Calloway
Feb
19
2016
Ruling
Debtor not entitled to sanctions against creditor that sought to resume foreclosure after debtor's case was dismissed.
Issue(s)
Should creditors be sanctioned for alleged violation of the automatic stay by proceeding against debtor in state foreclosure action?
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Court
:
Mitchell v. Anderson (In re Mitchell)
Jan
28
2016
Ruling
Creditor violated the discharge injunction but debtor was only entitled to limited actual damages.
Issue(s)
Was pro se debtor entitled to damages from pro se creditor, for prosecuting multiple lawsuits against her in violation of the automatic stay?
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Court
:
- 11 U.S.C.
In re Bourke
Dec
24
2015
Ruling
Debtor awarded attorneys fees, actual and punitive damages for creditor's willful violation of stay by sending three collection notices after being notified of debtor's bankruptcy.
Issue(s)
What sanctions should be assessed against creditor that continued sending debtor collection letters after being served with notice of the filing of the bankruptcy petition?
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Court
:
- 11 U.S.C.
Jones v. CitiMortgage (In re Jones)
Dec
14
2015
Ruling
Creditor's posting of signs and notices of abandonment on property that had already been foreclosed on petition date was not a willful violation of the automatic stay.
Issue(s)
Did placing of signs and notices on property that had been sold at foreclosure on the petition date violate the automatic stay?
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Court
:
In re Phillips
Jul
13
2015
Ruling
Debtor failed to establish damages for creditor's violation of the automatic stay.
Issue(s)
Was debtor entitled to damages for creditor's stay violation where actual notice to creditor was never established and debtor never communicated to creditor subsequent to the violation?
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Court
:
In re Breul
Jul
10
2015
Ruling
Creditor sanctioned for filing lien on debtor's property despite actual notice of bankruptcy in a willful violation of the automatic stay.
Issue(s)
Should creditor be sanctioned for violating the automatic stay and later the discharge injunction by failing to remove postpetition lien from debtor's property?
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Court
: