In re Smith

Pre 2005-Act: 
Pre 2005-Act
Lessor was denied relief from automatic stay violation sanctions since confirmed lease was in place and notice of the bankruptcy was not required.
Procedural posture: 
A lessor was sanctioned under 11 U.S.C. § 362(h) for violating the automatic bankruptcy stay by unilaterally terminating the farm lease of bankruptcy debtors, but the lessor asserted that the lessor did not know of the bankruptcy and that the debtors'tenancy was terminated prior to the bankruptcy. The lessor moved for relief from the judgment of sanctions.
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