In re Pole
Jun
12
2008
Ruling
Service of wage execution based on post-petition judgment despite notice of bankruptcy was a willful violation of stay.
Procedural posture
A debtor filed a motion against a creditor alleging that the creditor's post- petition collection activities violated 11 U.S.C.S. § 362(k). The debtor sought actual and punitive damages as well as attorney's fees.
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Court
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In re Parks
May
06
2008
Ruling
Damages assessed against gas company for failure to provide postpetition utility service.
Procedural posture
Chapter 7 debtor filed a motion pursuant to 11 U.S.C.S. § 362(k) for an award of damages stemming from the refusal of a gas company to provide utility service after the debtor filed for relief under chapter 7.
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Court
:
- 11 U.S.C.
Derrick v. Biddle (In re Derrick)
May
02
2008
Ruling
Debtor's damages for violation of stay inclusive of attorneys' fees exceeded creditor's offer and did not trigger offer of judgment rules.
Procedural posture
After the court granted judgment to plaintiff debtors on their adversary complaint that defendant creditor willfully violated the automatic stay by continuing to demand payment on pre-petition claims despite actual knowledge of debtors' bankruptcy filing and debtors filed an affidavit reflecting legal expenses, defendant asserted objections thereto based on Fed. R. Civ. P. 68, made applicable through Fed. R. Bankr. P. 7068.
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Court
:
- 11 U.S.C.
In re Glanzer
Apr
02
2008
Ruling
Creditor's continued contacts with debtors despite repeated notifications were willful violations of stay.
Procedural posture
In an unopposed motion, debtors sought an order awarding damages for violation of the automatic stay under 11 U.S.C.S. § 362(k)(1).
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Court
:
Lofton v. Carolina Fin. LLC (In re Lofton)
Mar
27
2008
Ruling
Damages awarded for creditor's admitted willful violation of stay.
Procedural posture
Plaintiff debtor filed an action against defendant creditor for sanctions, pursuant to 11 U.S.C.S. § 362(k), for a willful violation of the automatic stay.
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Court
:
Lofton v. Carolina Fin. LLC (In re Lofton)
Mar
27
2008
Ruling
Creditor sanctioned for willful and service of small claims action on debtor in intentional violation of stay.
Procedural posture
Plaintiff debtor filed an action against defendant creditor for sanctions, pursuant to 11 U.S.C.S. § 362(k), for a willful violation of the automatic stay.
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Court
:
- 11 U.S.C.
In re Whitmarsh
Jan
07
2008
Ruling
More than 22 postpetition phone calls made by creditor to debtor violated stay and resulted in sanctions.
Procedural posture
The debtors filed a motion for sanctions for violation of the automatic stay against the creditor which held their mortgage.
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Court
:
Daily v. Chase Bank USA (In re Daily)
Dec
18
2007
Ruling
Punitive damages for violation of stay not warranted due to mitigating response of creditor.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor for willful violation of the automatic stay for filing a complaint against the debtor in state court. The creditor failed to respond. The matter was before the court for entry of a default judgment and determination of damages.
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Court
:
Bakst v. Baldwin (In re Baldwin)
Dec
14
2007
Ruling
Postpetition transfer of residence and personal property to former spouse and children overruled.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendants, the debtor's ex-wife, their minor child, and the ex-wife's child, seeking to set aside a postpetition transfer of real and personal property pursuant to 11 U.S.C. 549 and to recover the property pursuant to 11 U.S.C. § 550, seeking damages for a violation of the automatic stay under 11 U.S.C. § 362(k), seeking to sell real property pursuant to 11 U.S.C. § 363(h).
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Court
:
In re McLaughlin
Oct
30
2007
Ruling
Creditor sanctioned for calling and harassing debtors in willful violation of stay.
Procedural posture
The debtors filed a motion for citation of contempt and for the assessment of sanctions against a creditor for willfully violating the automatic stay in violation of 11 U.S.C. § 362(k).
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Court
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