- 11 U.S.C.
Grantham, In re
Dec
14
2022
Ruling
Debtor had not suffered any actual damages as the two-year-old stay violation, a single phonecall from the creditor, did not reasonably cause the debtor to incur any attorney fees or costs.(Bankr. E.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
Simon, In re--Harrison v. Simon
Sep
30
2022
Ruling
Debtor did not meet his burden of proving his lack of intent to hinder, delay or defraudcreditors by allowing his share of an LLC's sale proceeds to be given to his brother and byconcealing the transfer from the trustee and his creditors. (Bankr. M.D. La.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Williams, In re
Sep
30
2022
Ruling
Creditor sanctioned for violation of the automatic stay as it had been on notice of thebankruptcy filing through multiple communications from both the debtor and her counsel.(Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Evans, In re
Sep
30
2022
Ruling
Creditor violated the automatic stay by marking up or purporting to amend the form of 48-hour notice to establish a new date for the eviction and serving that on the debtor while theautomatic stay was in place. (Bankr. D. Mass.)
Issue(s)
Automatic Stay; Remedies for Violation.
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:
Busby, In re
Aug
01
2022
Ruling
Debtor was not entitled to an award of damages as she had not established that the mortgageeor its counsel violated the discharge injunction by seeking payment of the mortgagee'smortgage against the ex-husband's tenant. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Moon, In re
Jun
13
2022
Ruling
Punitive damages were awarded to the debtor for LLC's repeated and willful violations of theautomatic stay. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
Barden, In re
May
26
2022
Ruling
City's provision of payment information pursuant to a request by the debtor did not violatethe automatic stay. (Bankr. N.D.N.Y.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Ugarte, In re--Ugarte v. Northstar Alarm Servs.
May
11
2022
Ruling
Debtor was entitled to actual damages, emotional distress damages, and attorneys' fees andcosts as the creditor failed to plead or otherwise defend against the stay violation proceeding.(Bankr. D. Ariz.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Shreeves, In re
Mar
29
2022
Ruling
Creditor did not willfully violate the automatic stay when it called the business line for thedebtor's company in an effort to collect a debt as there was no threat to pursue the debtorindividually for the company's debt. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Ironside, LLC, In re
Feb
23
2022
Ruling
Bankruptcy court properly determined that assignee willfully violated the automatic staywhen it submitted a substitution order in another court to obtain control or possession of alawsuit in which the debtor had an interest. (Bankr. N.D. Fla.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
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