Castillo v. Three Aces Auto Sales (In re Castillo)
May
25
2011
Ruling
Damages awarded for creditor's violation of stay by refusing to turn over vehicle repossessed just prior to petition date.
Procedural posture
Chapter 13 debtors filed a motion pursuant to 11 U.S.C.S. § 362(k), seeking an award of actual damages, attorney's fees, and punitive damages against respondent creditor for a willful violation of the automatic stay.
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Court
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Heflin v. Santander Consumer USA Inc. (In re Heflin)
May
02
2011
Ruling
Repossession of truck violated stay.
Procedural posture
Plaintiff debtor sought damages, pursuant to 11 U.S.C.S. § 362(k), against defendant, the secured creditor holding the purchase money first lien on his truck, alleging a violation of the automatic stay.
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Court
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In re St. Vincent
Apr
01
2011
Ruling
Bank's refusal to release hold on funds in face of state law liability was not a willful violation of stay.
Procedural posture
Chapter 13 debtors moved for sanctions against their non-creditor bank, asserting it refused to provide access to their bank account funds after they notified the bank that they had filed for bankruptcy. Debtors argued that the refusal to release the funds was a willful violation of the automatic stay, and sought attorneys' fees and consequential damages under 11 U.S.C.S. § 362(k).
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Court
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- 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
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Butz v. People First Fed. Credit Union (In re Butz)
Mar
30
2011
Ruling
Computer generated past due statement was a demand for payment of prepetition debt that violated stay.
Procedural posture
Plaintiff debtor filed a motion for summary judgment with respect to the debtor's adversary complaint brought against defendant creditor 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 Miller
Mar
01
2011
Ruling
Sanctions not warranted by willful violation of stay where debtors did not suffer actual damages.
Procedural posture
Shortly after debtors filed their bankruptcy petition and notified creditors of the bankruptcy, the debtors received invoices from their former attorney related to a previous litigation. The debtors subsequently moved for sanctions against the attorney pursuant to 11 U.S.C.S. § 362(k) for violation of the automatic stay.
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Court
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In re Hall-Walker
Feb
22
2011
Ruling
Efforts to enforce prepetition debt in domestic relations case was a willful violation of stay.
Procedural posture
Debtor filed a motion seeking damages for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k), alleging that the automatic stay was violated when collection efforts were pursued while the stay was in effect. Damages were sought against respondent, her ex-husband's attorney in the domestic relations case (hereafter "respondent").
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Court
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Theokary v. Abbatiello (In re Theokary)
Feb
14
2011
Ruling
Lienors' attorneys violated stay by completing foreclosure sales of debtor's horses.
Procedural posture
Plaintiff debtor brought an adversary complaint against four defendants, two individual horse trainers who foreclosed liens against the debtor's horses under the New Jersey Stableman's Lien Act, N.J. Stat. Ann. §§ 2A:44-51 to 2A:44-52, and two stables where the horses had been kept, asserting they willfully violated the automatic stay under 11 U.S.C.S. § 362(a)(3), during the course of the no-asset bankruptcy case.
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Court
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Easley v. Alexandria Inv. Group (In re Easley)
Jan
20
2011
Ruling
Creditor's willful postpetition retention of collateral repossessed prepetition in which debtor retained an interest violated stay and entitled debtor to damages.
Procedural posture
Debtor filed an adversary complaint seeking turnover of a vehicle, and sought damages based on an alleged willful violation of the automatic stay, 11 U.S.C.S. § 362(k), a finding of criminal contempt against defendant creditor, and damages for conversion of the vehicle. The matter was pending judgment following a trial.
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Court
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In re Forkner
Dec
22
2010
Ruling
Creditor's retention of pre- and postpetition garnished wages resulted in damages for violation of stay.
Procedural posture
Chapter 7 debtors filed a motion for sanctions against creditor collection agent, seeking the return of funds garnished from debtor husband's wages, and also sought sanctions for violations of the automatic stay, including actual damages and punitive damages from Mr. Harvey under 11 U.S.C.S. § 362(k). The creditor was in the process of executing on a state court judgment against the debtors when he obtained knowledge they had filed a petition.
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Court
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