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5th Avenue Real Estate Dev. Inc. v. Countrywide Home Loans Inc. (In re 5th Avenue Real Estate Dev. Inc.)

5th Avenue Real Estate Dev. Inc. v. Countrywide Home Loans Inc. (In re 5th Avenue Real Estate Dev. Inc.)

Ruling
Corporte debtor was not an "individual" and not eligible for damages for stay violations.
Procedural posture

Plaintiff debtor filed a complaint against defendants, creditors, alleging that the creditors proceeded with a foreclosure action in violation of the automatic stay. The debtor sought damages under 11 U.S.C.S. § 362(k)(1) in the amount of $ 49,000.

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Commercial opinion summary, case decided on September 19, 2008 , LexisNexis #1208-038