Claudio v. Reparto Saman Inc. (In re Claudio)
Oct
25
2012
Ruling
Mortgagee's sending of past due statements to debtor violated stay.
Procedural posture
Chapter 13 debtor filed a complaint against creditor and others alleging that the creditor willfully violated the automatic stay by mailing two collection letters to the debtor after his bankruptcy petition was filed. Pursuant to 11 U.S.C.S. § 362(k), the debtor sought actual damages, including attorney's fees, as well as punitive damages. The debtor and the creditor filed cross motions for summary judgment.
ABI Membership is required to access the full summary of Claudio v. Reparto Saman Inc. (In re Claudio) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: