Theokary v. Abbatiello (In re Theokary)

Ruling: 
Proceeding for stay violation damages dismissed due to manufactured evidence.
Procedural posture: 
Plaintiff debtor filed an adversary proceeding against defendant creditors alleging violation of the stay under 11 U.S.C.S. § 362(a). In a liability proceeding, the court found that the creditors willfully violated the automatic stay and scheduled a trial on damages. After receiving an expert report from the debtor, the creditors filed a motion in limine and to dismiss.
Issue: 
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Consumer case opionion summary, case decided on April 10,2012, LexisNexis #0512-005