§ 362(h)

McCray, In re

Ruling: 
Debtor failed to file a proper statement of intention as regards the mobile home and failed toact accordingly as well, thus causing the stay to be lifted and the mobile home to be separatedfrom the estate property. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on November 30,2017, LexisNexis #0118-006

In re Sanders

Debtors filed a motion for contempt against a creditor after the creditor repossessed one of debtors' vehicles post-discharge, despite the fact that debtors had always been (prior to and throughout the course of their chapter 13 bankruptcy) current in their car payments.
Ruling: 
Creditor acted within rights by repossessing vehicle post-discharge pursuant to ipso facto clause of contract where debtor has rescinded a reaffirmation agreement.
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Consumer case opionion summary, case decided on March 02,2012, LexisNexis #0312-113

Ostrander v. Source One Financial Corp. (In re Mollison)

Creditor filed a motion to dismiss chapter 7 trustee's adversary proceeding, which sought to avoid the creditor's lien on the debtor's automobile pursuant to 11 U.S.C.S. § 544(a)(1) and preserve the avoided lien for the benefit of the bankruptcy estate pursuant to 11 U.S.C.S. § 551. The trustee filed a motion for sanctions against the creditor for violation of the automatic stay imposed by 11 U.S.C.S. § 362(a).
Ruling: 
Creditor's post-petition steps to correct title to debtor's vehicle did not violate stay, which has expired due to debtor's failure to indicate intent.
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Consumer case opionion summary, case decided on January 06,2012, LexisNexis #0212-009

In re Maurer

The capter 13 debtors filed a motion for sanctions against a landlord under 11 U.S.C.S. § 362(h). They argued that the creditor filed a complaint for summary ejectment after receiving notice of the debtors' bankruptcy petition and without filing a motion to lift the automatic stay. The court conducted a hearing on the motion.
Ruling: 
Debtors awarded past due rent as sanctions for landlord's ejectment filed in violation of stay.
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Consumer case opionion summary, case decided on November 07,2011, LexisNexis #1211-115

Laboy v. Doral Mortg. Corp. (In re Laboy)

Concluding that the cancellation of a mortgage was a sufficient remedy for a willful violation of the automatic stay, the bankruptcy court denied appellant debtors' request for a hearing on damages. The Bankruptcy Appellate Panel affirmed the bankruptcy court's decision. The debtors appealed.
Ruling: 
Bankruptcy court erred in denying debtors the opportunity to prove damages due to creditor's violation of stay.
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Consumer case opionion summary, case decided on May 27,2011, LexisNexis #0611-105

Samson v. Western Capital Partners LLC (In re Blixseth)

Chapter 7 trustee challenged a decision of the U.S. Bankruptcy Court for the District of Montana, which ruled that 11 U.S.C.S. § 362(h) terminated the automatic stay on all of the debtor's personal property secured by the creditor's claim and not just on personal property scheduled as securing the claim.
Ruling: 
Stay properly terminated on solely on personal property scheduled as securing creditor's claim.
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Consumer case opionion summary, case decided on May 25,2011, LexisNexis #0711-076

In re Miller

Creditor, which held a purchase money security interest in a chapter 7 debtor's vehicle, filed a motion for relief from stay against the debtor.
Ruling: 
Relief from stay granted where debtor failed to indicate intention to surrender, reaffirm or redeem or assume unexpired lease.
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Consumer case opionion summary, case decided on January 05,2011, LexisNexis #0211-010

In re Blixseth

A chapter 7 trustee filed a motion to enforce the automatic stay against a creditor. The debtor's list of creditors holding the 20 largest unsecured claims listed the creditor as having claim of $13,298,628.13 secured by collateral having a value of $2 million, leaving $11,298,628.13 of the creditor's claim unsecured.
Ruling: 
Stay expired as matter of law with respect to undersecured creditor's claim absent debtor's filing of statement of intention.
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Consumer case opionion summary, case decided on August 16,2010, LexisNexis #0910-112

Butler v. Anderson (In re C.R. Stone Concrete Contractors Inc.)

Debtor, a Massachusetts corporation, filed a petition under chapter 11 of the Bankruptcy Code and commenced adversary proceedings against defendants, general contractors and others, claiming, inter alia, that the contractors conspired to take over the debtor's business. The case was converted to one under chapter 7 of the Bankruptcy Code, and the contractors filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
Ruling: 
Debtor corporation could not seek damages for violation of stay under old §362(h).
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Commercial case opionion summary, case decided on June 09,2010, LexisNexis #0810-104

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