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§ 362(k)

Barksdale, In re

Ruling
Debtor failed to meet his burden of establishing that stay violation caused actual damages andthe law did not permit recovery for the emotional damage that allegedly resulted. (Bankr. N.D.Ohio)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on November 13, 2019 , LexisNexis #1219-080

Caldwell, In re

Ruling
Debtor not entitled to damages where nothing creditor did not take any action against vehicleseized by court officer. (Bankr. E.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on October 30, 2019 , LexisNexis #1219-058

Edwards, In re

Ruling
Creditor’s refusal to return a motorcycle to debtor after unlawfully repossessing it was awillful violation of the automatic stay. (Bankr. W.D. Va.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on September 25, 2019 , LexisNexis #1119-031

Chambers, In re

Ruling
Debtor was granted attorney's fees for actual and punitive damages as the creditor'srepossession of debtor's vehicle was a willful and intentional stay violation. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 10, 2019 , LexisNexis #1119-001

Garza, In re--Garza v. CMM Enters., LLC

Ruling
Court limited the award of attorney's fees for willful stay violations as debtor's counsel didnot make any effort to resolve the matter before filing the adversary proceeding. (Bankr. S.D.Tex.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on July 25, 2019 , LexisNexis #0919-054

Collins, In re--Collins v. Conventry Pointe Acquisition, LP

Ruling
Debtor's motion for violation of the automatic stay was denied as her testimony wasinsufficient to support the allegation that she was injured by respondent's stay violation.(Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on June 04, 2019 , LexisNexis #1019-007

Fontaine, In re

Ruling
Debtor was entitled to recover attorney's fees as a result of creditor's willful stay violation.(Bankr. D.N.M.)
Issue(s)
Automatic Stay; Remedies for Violation.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 14, 2019 , LexisNexis #0719-080

Parker, In re

Ruling
Debtor was awarded reduced attorney's fees and costs for damages caused by creditor'sviolations of the automatic stay. (Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 11, 2019 , LexisNexis #0619-055

Hampton Ventures, LLC, In re--Novak v. Town of W. Hartford Tax Collector

Ruling
Debtor was not entitled to a return of amounts paid to an unsecured creditor as confirmationwas binding. (Bankr. D.P.R.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 13, 2019 , LexisNexis #0519-029

Lawson, In re--Lawson v. Shehan

Ruling
Contempt order is not a remedy for a violation of the automatic stay. (Bankr. E.D. Ark.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on March 08, 2019 , LexisNexis #0519-028