- 11 U.S.C.
Charity, In re--Charity v. NC Fin. Sols. of Utah, LLC
Aug
14
2017
Ruling
Debtors were awarded actual damages for damages resulting from violations of the automaticstay. (Bankr. E.D. Va.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
McDuffie, In re
Jul
20
2017
Ruling
Court denied debtor's motion seeking an award of damages and attorney's fees as the LLC was not informed of the debtor's bankruptcy until after sale of debtor's property. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Lansaw, In re--Lansaw v. Zokaites
Apr
10
2017
Ruling
Award of emotional-distress damages and punitive damages properly granted where debtorsprovided sufficient evidence to support their claim for emotional distress damages caused bylandlord's violation of stay. (3d Cir.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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:
Judge or Jurisdiction information not available
Ferrer, In re--Ferrer v. Lou Sobh Auto. of Jax, Inc.
Jan
30
2017
Ruling
Creditor did not violate automatic stay as creditor did not receive actual notice of debtor'sbankruptcy filing and thus did not have any knowledge that automatic stay was invoked.(Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Remedies for Violation
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Court
:
Citimortgage, Inc. v. Garnier (In re Garnier)
Sep
02
2016
Ruling
Mortgage creditor’s attempts to collect postpetition taxes and insurance did not violate theautomatic stay. (Bankr. M.D. Pa.)
Issue(s)
Could debtors be compelled to repay postpetition taxes and insurance that the mortgagee had paid under the terms of its note and mortgage with the debtors and that the debtors be compelled to pay all property taxes as they become due?
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Court
:
- 11 U.S.C.
Yantis v. GLHS Unity Surgical Ctr. (In re Yantis)
Jun
30
2016
Ruling
Creditor not sanctioned for garnishment in willful violation of the automatic stay wheredebtor had made full recovery of earnings. (Bankr. N.D. Ind.)
Issue(s)
Should creditor be sanctioned for garnishment in willful violation of the automatic stay?
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Court
:
Campbell v. Carruthers (In re Campbell)
Jun
14
2016
Ruling
Threatened garnishment by employee of law firm violated the automatic stay and entitled debtor to damages from the firm.
Issue(s)
Did law firm violate the automatic stay when its employee threatened debtor with garnishment?
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Court
:
Barnard v. Town of Huntington (In re Joe's Friendly Serv. & Son, Inc.)
Jun
01
2016
Ruling
Debtor corporation was not eligible to claim damages for town and officials for violation ofthe automatic stay. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
In re Slaven
May
02
2016
Ruling
Creditor sanctioned for four willful attempts to collect from debtor in violation of theautomatic stay. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
In re Silk
Apr
08
2016
Ruling
Debtor awarded actual damages for creditor's knowing violation of the automatic stay.
Issue(s)
Was debtor entitled to damages for student loan creditor's violation of the automatic stay?
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Court
: