- 11 U.S.C.
In re Vega
Jun
20
2013
Ruling
Creditor auto repairer who held possessory lien did not violate stay by refusing to release vehicle.
Procedural posture
This chapter 13 case was before the court on debtor's motion entitled Debtor's Motion for Sanctions Pursuant to 11 U.S.C.S. § 362(k)(1). Debtor sought compensatory and punitive damages, and an award of attorney fees, against a creditor.
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Court
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- 11 U.S.C.
In re Makowski
May
16
2013
Ruling
Damages awarded for creditor's initial willful refusal to return repossessed vehicle in violation of stay.
Procedural posture
A creditor repossessed a bankruptcy debtor's vehicle prior to the filing of the debtor's bankruptcy petition and initially refused to return the vehicle post-petition, but the creditor subsequently returned the vehicle to the debtor. The debtor moved for damages for the creditor's willful violation of the automatic bankruptcy stay of 11 U.S.C.S. § 362.
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Court
:
- 11 U.S.C.
In re Chong
May
01
2013
Ruling
Sanctions for eviction of debtors in violation of 14-day stay denied as trustee held the possessory interest in the premises.
Procedural posture
Chapter 7 debtor filed a motion for contempt sanctions under 11 U.S.C.S. § 362(k)(1) against creditors, the owner and the lessor of business premises sublet by the debtor, for alleged violations of the automatic stay.
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Court
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In re Ehlinger
Mar
19
2013
Ruling
Statements by creditor's temporary manager in debtor's bar regarding payment violated stay.
Procedural posture
This matter came before the court on debtor's Motion for Order to Show Cause for Violation of the Automatic Stay and for Sanctions. The motion was directed against a creditor and temporary manager of the creditor.
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Court
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Thomason v. Chestatee Cmty. Assn (In re Thomason)
Mar
05
2013
Ruling
Compensatory damages and attorneys' fees awarded for creditor's violation of stay by sending letters of suspension of privileges for unpaid association fees.
Procedural posture
A chapter 7 debtor filed a motion for damages and sanctions under 11 U.S.C.S. § 362(k) for violation of the automatic stay by a creditor. The debtor alleged that the creditor violated the stay by, inter alia, sending a written notice of suspension of amenity privileges in the form of a letter to the debtor for unpaid homeowner's association fees.
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Court
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In re Cini
Feb
08
2013
Ruling
Debtor's former spouse sanctioned for postpetition lawsuits that violated stay.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and after her case was converted to one under chapter 11 in February 2011, she filed a motion against her ex- husband, seeking sanctions under 11 U.S.C.S. § 362(k) for violations of the automatic stay. The court held a hearing on the debtor's motion.
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Court
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Brannon v. Chuck Stevens Auto Inc.
Jan
22
2013
Ruling
Creditor that received at least oral notice could not dismiss proceeding for stay violation.
Procedural posture
Plaintiff debtor brought an adversary proceeding against defendant creditor, an auto dealer, asserting that creditor, through an agent, willfully violated the automatic stay by harassing her despite actual knowledge of her bankruptcy filing, pursuant to 11 U.S.C.S. § 362(k). Creditor moved to dismiss the complaint, denying it had received formal notice of the bankruptcy filing.
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Court
:
- 11 U.S.C.
Sanchez v. Department of Treasury (In re Sanchez)
Jan
11
2013
Ruling
Notices of tax assessments did not violate stay.
Procedural posture
Before the court was the motion for partial summary judgment filed by debtors alleging that the Puerto Rico Treasury Department ("Treasury") deliberately and wilfully violated the automatic stay pursuant to 11 U.S.C.S. § 362(k)(1) because it sent to debtors various notices and requests for payment of income tax liabilities after the filing of the bankruptcy petition. Treasury filed its motion in opposition.
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Court
:
ClearOne Communs. Inc. v. Bowers (In re Bowers)
Dec
10
2012
Ruling
Creditor's pursuit of sanctions against third parties and surveillance of debtor as research for service of process did not violate stay.
Procedural posture
Chapter 7 debtor filed a motion for sanctions pursuant to 11 U.S.C.S. § 362(k) and Fed. R. Bankr. P. 9011 against a creditor and objected to the trustee's final report and application for compensation addressing proposed distributions to the creditor.
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Court
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Tyree v. Guzman (In re Tyree)
Oct
27
2012
Ruling
Debtor entitled to attorneys' fees for creditor's delay in turnover in violation of stay.
Procedural posture
A chapter 7 debtor did not assert any actual damages for the delay in a turnover by respondents except attorneys feels arising from the filing of a contempt motion. In view of the equities on both sides, the court found it appropriate to find respondents in contempt but to award no damages. The debtor sought attorneys fees under 11 U.S.C.S. § 362(k).
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Court
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