§ 362(k)

Barksdale, In re

Ruling: 
Debtor failed to meet his burden of establishing that stay violation caused actual damages andthe law did not permit recovery for the emotional damage that allegedly resulted. (Bankr. N.D.Ohio)
ABI Membership is required to access the full summary of Barksdale, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 13,2019, LexisNexis #1219-080

Caldwell, In re

Ruling: 
Debtor not entitled to damages where nothing creditor did not take any action against vehicleseized by court officer. (Bankr. E.D. Mich.)
ABI Membership is required to access the full summary of Caldwell, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 30,2019, LexisNexis #1219-058

Edwards, In re

Ruling: 
Creditor’s refusal to return a motorcycle to debtor after unlawfully repossessing it was awillful violation of the automatic stay. (Bankr. W.D. Va.)
ABI Membership is required to access the full summary of Edwards, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 25,2019, LexisNexis #1119-031

Chambers, In re

Ruling: 
Debtor was granted attorney's fees for actual and punitive damages as the creditor'srepossession of debtor's vehicle was a willful and intentional stay violation. (Bankr. D.S.C.)
ABI Membership is required to access the full summary of Chambers, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on September 10,2019, LexisNexis #1119-001

Collins, In re--Collins v. Conventry Pointe Acquisition, LP

Ruling: 
Debtor's motion for violation of the automatic stay was denied as her testimony wasinsufficient to support the allegation that she was injured by respondent's stay violation.(Bankr. N.D. Ga.)
ABI Membership is required to access the full summary of Collins, In re--Collins v. Conventry Pointe Acquisition, LP. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 04,2019, LexisNexis #1019-007

Fontaine, In re

Ruling: 
Debtor was entitled to recover attorney's fees as a result of creditor's willful stay violation.(Bankr. D.N.M.)
ABI Membership is required to access the full summary of Fontaine, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on May 14,2019, LexisNexis #0719-080

Parker, In re

Ruling: 
Debtor was awarded reduced attorney's fees and costs for damages caused by creditor'sviolations of the automatic stay. (Bankr. N.D. Cal.)
ABI Membership is required to access the full summary of Parker, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 11,2019, LexisNexis #0619-055

Garza, In re--Garza v. CMM Enters., LLC

Ruling: 
Court limited the award of attorney's fees for willful stay violations as debtor's counsel didnot make any effort to resolve the matter before filing the adversary proceeding. (Bankr. S.D.Tex.)
ABI Membership is required to access the full summary of Garza, In re--Garza v. CMM Enters., LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-054

Lawson, In re--Lawson v. Shehan

Ruling: 
Contempt order is not a remedy for a violation of the automatic stay. (Bankr. E.D. Ark.)
ABI Membership is required to access the full summary of Lawson, In re--Lawson v. Shehan. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0519-028

Hampton Ventures, LLC, In re--Novak v. Town of W. Hartford Tax Collector

Ruling: 
Debtor was not entitled to a return of amounts paid to an unsecured creditor as confirmationwas binding. (Bankr. D.P.R.)
ABI Membership is required to access the full summary of Hampton Ventures, LLC, In re--Novak v. Town of W. Hartford Tax Collector. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 13,2019, LexisNexis #0519-029

Pages

Subscribe to § 362(k)