Sensenich v. Ledyard Natl Bank (In re Campbell)

Ruling: 
Creditor's destruction of estate property was a willful violation of stay.
Procedural posture: 
Plaintiffs debtor and trustee sued defendant creditor alleging violation of 11 U.S.C.S. § 362(a)(3). The second count alleged that the creditor's actions in destroying estate property were willful violations of the automatic stay, which entitled plaintiffs to punitive damages under § 362(k). Plaintiffs also sought a remedy under the court's civil contempt powers. Pending were the creditor's summary judgment motion and plaintiffs'cross-motions.
Issue: 
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Consumer case opionion summary, case decided on December 24,2008, LexisNexis #0209-005