Claudio v. Reparto Saman Inc. (In re Claudio)
Oct
25
2012
Ruling
Mortgagee's sending of past due statements to debtor violated stay.
Procedural posture
Chapter 13 debtor filed a complaint against creditor and others alleging that the creditor willfully violated the automatic stay by mailing two collection letters to the debtor after his bankruptcy petition was filed. Pursuant to 11 U.S.C.S. § 362(k), the debtor sought actual damages, including attorney's fees, as well as punitive damages. The debtor and the creditor filed cross motions for summary judgment.
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Court
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In re Gallo
Sep
10
2012
Ruling
Creditors sanctioned for persisting in collection efforts despite actual notice of chapter 13 case.
Procedural posture
Debtor moved for sanctions, including damages and attorney's fees, against respondent creditors under 11 U.S.C.S. § 362(k) on claims that they persisted in efforts to collect amounts owed by debtor on a deed of trust despite the fact that they had actual notice of the fact that debtor had filed a chapter 13 case and that such conduct violated the automatic stay in § 362.
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Court
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In re Brown
Sep
06
2012
Ruling
Damages awarded due to judgment creditor's and counsel's failures to halt levy in violation of stay.
Procedural posture
Chapter 11 debtors filed a motion for relief for violations of the automatic stay under 11 U.S.C.S. § 362(k) against an individual judgment creditor and his counsel. The creditor had failed to halt a postpetition levy against the debtors' real property, despite knowledge of the bankruptcy filing.
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Court
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Johnson v. Magee Rentals Inc. (In re Johnson)
Aug
28
2012
Ruling
Actual damages and damages for emotional distress, but not punitive damages, awarded due to creditor's violation of stay despite oral notice of bankruptcy.
Procedural posture
Plaintiff chapter 13 debtor filed a complaint against defendant creditor seeking damages for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k).
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Court
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In re Robinson
Jul
11
2012
Ruling
Creditor sanctioned for relocating debtor's trailer in violation of stay.
Procedural posture
A chapter 7 debtor filed a motion for sanctions against a creditor for violations of the automatic stay under 11 U.S.C.S. § 362(k).
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Court
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Schwartz-Tallard v. Americas Servicing Co. (In re Schwartz-Tallard)
Jun
28
2012
Ruling
Debtor entitled to attorneys' fees incurred defending appeal of stay violation order.
Procedural posture
Appellant debtor sought review of an order of the United States Bankruptcy Court for the District of Nevada that denied her motion for attorney fees and costs from defending a prior appeal of a stay violation order that was raised by appellee creditor. Debtor asserted damages should be awarded under either 11 U.S.C.S. § 362(k)(1), 11 U.S.C.S. § 105(a), Fed. R. Bankr. P. 9011.
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Court
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Judge or Jurisdiction information not available
In re Elks
Jun
26
2012
Ruling
Creditor's postpetition repossession of storage shed and attempt to collect prepetition debt were willful violations of stay justifying punitive damages.
Procedural posture
Before the court was debtors' Motion for Sanctions and Damages for Violation of 11 U.S.C.S. § 362 and Violation of Fed. R. Bankr. P. 9037, the creditor's Response in Opposition to the Motion.
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Court
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In re Wood
May
24
2012
Ruling
Creditor sanctioned for sending collection letters, despite knowledge of bankruptcy, in violation of stay.
Procedural posture
The court held a hearing on debtor's Motion for Sanctions for Violation of the Automatic Stay. No representative of the creditor appeared. The court heard argument on the Motion for Sanctions and took the matter under advisement.
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Court
:
- 11 U.S.C.
In re Tine
May
04
2012
Ruling
Bank's postpetition actions to preserve secured interest in property were willful violations of stay.
Procedural posture
Debtor brought a motion to adjudge a bank creditor in contempt and for violation of 11 U.S.C.S. § 362, for actions taken allegedly to preserve its secured interest in debtor's property.
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Court
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In re Juliano
Mar
02
2012
Ruling
Damages awarded for creditor's violation of stay by withdrawing installment payments from debtor's account.
Procedural posture
The chapter 13 debtors filed a motion for sanctions and attorneys' fees pursuant to 11 U.S.C.S. § 362(k) for a creditor's alleged willful violation of the automatic stay. The creditor was properly served with the motion. An order granting a motion on default was issued.
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Court
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