Banks v. Kams Auto Sales (In re Banks)
Oct
17
2014
Ruling
Automobile dealer's violation of stay was not basis for punitive damages.
Issue(s)
Should auto dealer be sanctioned for its repossession of debtor's vehicle in violation of the automatic stay?
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Court
:
- 11 U.S.C.
In re Snowden
Sep
12
2014
Ruling
Punitive damages properly awarded due to lender's reckless and callous disregard for the automatic stay.
Issue(s)
Whether a debtor can collect attorneys' fees incurred litigating the violation of the automatic stay after the violator sends an e-mail conditionally offering partial reimbursement?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Owen v. Garrett Auto Sales LLC (In re Owen)
Sep
08
2014
Ruling
Debtor lacked standing to proceed against creditor for violation of stay for acting against vehicle that was property of the estate.
Issue(s)
Could debtor proceed against creditor for violation of stay by acting against motor vehicle that was property of the estate?
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Court
:
Everette v. Ocwwen Loan Servicing LLC (In re Everette)
Sep
04
2014
Ruling
Pro se complaint for declaratory judgment and alleging stay violation was insufficient and improperly served but leave to amend was granted.
Issue(s)
Should pro se debtor's complaint for declaratory judgment and damages for violation of the automatic stay be dismissed due to failure to state a claim and improper service?
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Court
:
- 11 U.S.C.
Americas Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)
Aug
29
2014
Ruling
Debtor entitled to attorneys' fees for defending appeal of finding of stay violation.
Issue(s)
Whether a debtor in bankruptcy could recover, as damages, attorneys' fees for defending against a creditor's appeal of a finding that the creditor violated the automatic stay.
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Court
:
Judge or Jurisdiction information not available
In re Adams
Aug
21
2014
Ruling
Actions taken by repossession men as agents of creditor violated stay and were grounds for damages.
Issue(s)
Should creditor be sanctioned due to violation of stay by its agents who repossessed debtor's vehicle?
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Court
:
Marzullo v. Rubin
Aug
05
2014
Ruling
Landlord's locking debtor out of premises on last day of lease violated stay but entitled debtor to only nominal damages.
Issue(s)
Did landlord violate stay by locking debtor out of premises for last half-day of lease?
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Court
:
Morris v. Wells Fargo (In re Morris)
Jul
28
2014
Ruling
Loan servicer's inadvertent actions did not violate stay.
Issue(s)
Did a loan servicer's actions to initiate foreclosure process violate the automatic stay where its foreclosure lawyer did not receive notice of debtor's bankruptcy?
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Court
:
Escobedo v. Davis (In re Escobedo)
Jul
03
2014
Ruling
Creditor sanctioned for attempt to enforce eviction order in violation of stay.
Issue(s)
Did creditor's postpetition eviction attempt amount to a violation of stay that would justify sanctions?
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Court
:
- 11 U.S.C.
In re Voll
Jun
06
2014
Ruling
Debtors awarded attorneys' fees for tax department's continuation of wage garnishment in violation of stay.
Issue(s)
Were debtors entitled to emotional distress damages and attorneys' fees due to taxing authority's willful violation of the automatic stay by continuing wage garnishment?
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Court
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