§ 362(k)

Frasier, In re

Ruling: 
Failure of a creditor to prevent a process server from serving a small claims complaint was nota willful violation of the stay as debtor failed to establish that creditor had notice of thebankruptcy. (Bankr. W.D. Wis.)
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Consumer case opionion summary, case decided on February 26,2020, LexisNexis #0420-009

Woods, In re

Ruling: 
Defendants were liable to debtor for actual and punitive damages for the violation of theautomatic stay following the court's order. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 04,2020, LexisNexis #0320-056

LeGrand, In re

Ruling: 
Creditor and debt collector were liable for willful stay violations as they knew that a dischargehad been entered and any continued garnishments would violate such discharge order. (Bankr.E.D. Cal.)
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Consumer case opionion summary, case decided on February 06,2020, LexisNexis #0320-058

Wilson, In re--Wilson v. Arbors of Cent. Park ICG, LLC

Ruling: 
Landlord's eviction action against debtors was in violation of the automatic stay as thelandlord was clearly aware of the existence of the automatic stay at the time of itscommencement and prosecution. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on December 02,2019, LexisNexis #0120-032

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)
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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.)
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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.)
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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.)
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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.)
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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.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on May 14,2019, LexisNexis #0719-080

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