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§ 362(k)

Session v. Am. Honda Fin. Corp.

Ruling
Debtor was entitled to an award of punitive damages because debtor sustained actual damagesfor her loss of equity in the vehicle due to the creditor's violation of the automatic stay. (Bankr.S.D. Ala.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on May 18, 2021 , LexisNexis #0721-002

Kennedy, In re--Kennedy v. Najarian Capital, LLC

Ruling
Bankruptcy court had subject matter jurisdiction to hear a stay violation claim by debtor asbankruptcy courts had subject matter jurisdiction over § 362(k) claims even where debtorbrought them after dismissal of bankruptcy case. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 13, 2021 , LexisNexis #0521-084

Koss, In re

Ruling
Debtor's motion for sanctions was granted because the attorney and his clients violated theautomatic stay. (Bankr. C.D. Ill.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on March 24, 2021 , LexisNexis #0521-031

Koss, In re

Ruling
Debtor's motion for sanctions was granted because the attorney and his clients violated theautomatic stay. (Bankr. C.D. Ill.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on March 24, 2021 , LexisNexis #0521-031

Nieto, In re--Nieto v. Sanam Ltd.

Ruling
Debtor was entitled to protection of the automatic stay while proceeding challenging validityof pre-petition foreclosure was pending. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on January 29, 2021 , LexisNexis #0321-053

Rellstab, In re

Ruling
Debtor was not entitled to an award of actual and punitive damages as the foreclosure of thedebtor's investment property did not constitute a willful violation of the automatic stay.(Bankr. D. Mass.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on November 10, 2020 , LexisNexis #1220-086

Nilhan Developers, LLC, In re

Ruling
Debtors’ manager lacked standing to pursue claim for violation of the automatic stay. (Bankr.N.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Commercial opinion summary, case decided on November 09, 2020 , LexisNexis #1220-085

Patel, In re

Ruling
Motion in limine preventing the debtor from presenting evidence in proceeding forviolation of the automatic stay denied. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on September 16, 2020 , LexisNexis #1020-076

Thompson, In re--Hopkins v. Coles

Ruling
Trustee's claim for turnover granted wherein the defendant willfully violated the automaticstay and trustee was entitled to actual damages to remedy the stay violations. (Bankr. D. Idaho)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on September 04, 2020 , LexisNexis #1020-053

Allen, In re--Allen v. Capital One Bank

Ruling
Debtors lacked standing to pursue claims related to returned pre-petition garnished wages or postpetition garnished wages. (Bankr. D.N.M.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Court :
Consumer opinion summary, case decided on July 10, 2020 , LexisNexis #0820-055