§ 362(k)

Nieto, In re--Nieto v. Sanam Ltd.

Ruling: 
Debtor was entitled to protection of the automatic stay while proceeding challenging validityof pre-petition foreclosure was pending. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on January 29,2021, LexisNexis #0321-053

Nilhan Developers, LLC, In re

Ruling: 
Debtors’ manager lacked standing to pursue claim for violation of the automatic stay. (Bankr.N.D. Ga.)
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Commercial case opionion summary, case decided on November 09,2020, LexisNexis #1220-085

Rellstab, In re

Ruling: 
Debtor was not entitled to an award of actual and punitive damages as the foreclosure of thedebtor's investment property did not constitute a willful violation of the automatic stay.(Bankr. D. Mass.)
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Consumer case opionion summary, case decided on November 10,2020, LexisNexis #1220-086

Patel, In re

Ruling: 
Motion in limine preventing the debtor from presenting evidence in proceeding forviolation of the automatic stay denied. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 16,2020, LexisNexis #1020-076

Thompson, In re--Hopkins v. Coles

Ruling: 
Trustee's claim for turnover granted wherein the defendant willfully violated the automaticstay and trustee was entitled to actual damages to remedy the stay violations. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on September 04,2020, LexisNexis #1020-053

Allen, In re--Allen v. Capital One Bank

Ruling: 
Debtors lacked standing to pursue claims related to returned pre-petition garnished wages or postpetition garnished wages. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on July 10,2020, LexisNexis #0820-055

Christie, In re--Christie v. Fort Gibson State Bank

Ruling: 
Court's previous award of attorney's fees and costs in stay litigation was increased onreconsideration. (Bankr. E.D. Okla.)
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Consumer case opionion summary, case decided on April 28,2020, LexisNexis #0620-055

Lyubarsky, In re

Ruling: 
Debtor husband who suffered from anxiety and provided evidence of emotional distresscaused by creditor's demands in violation of the automatic stay was due emotional distressdamages. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 17,2020, LexisNexis #0620-029

Rice, In re

Ruling: 
City's refusal to release debtor's impounded vehicle, once debtor filed bankruptcy and made ademand for the vehicle, was a violation of the automatic stay. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 21,2020, LexisNexis #0620-030

Keskey, In re

Ruling: 
Creditor was not in contempt of the automatic stay as it acted within its rights to pursuecollection under non-bankruptcy law. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on March 30,2020, LexisNexis #0520-059

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