Brown v. Branch Banking & Trust Co. (In re Brown)

Ruling: 
Creditor did not violate stay by failing to take affirmative steps to accept surrendered property.
Procedural posture: 
Plaintiff debtor filed this adversary proceeding alleging that defendant creditor was: (1) in willful contempt of the Confirmation Order, (2) in willful violation of the automatic stay under 11 U.S.C.S. § 362, and (3) liable for damages under 11 U.S.C.S. § 362(k). Debtor sought actual damages as well as punitive damages in the amount of $150,000 and attorney fees and litigation expenses. The creditor moved to dismiss, Fed. R. Civ. P. 12(b)(6).
Issue: 
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Consumer case opionion summary, case decided on September 04,2012, LexisNexis #1012-073