The female Debtor filed a motion for contempt against a creditor for violation of the automatic stay. The Court found that creditor willfully violated the automatic stay of 11 U.S.C. § 362(a) as the creditor had notice of the bankruptcy when he sent the female Debtor an email threatening to take criminal action if she did not pay him the money she owed, as well as repeated calls after notice of the bankruptcy. The Court awarded the Debtor $170.00 in actual financial loss damages. The Court also found sufficient evidence of egregious or vindictive conduct to award the female Debtor $500.00 in punitive damages.
File:
Judge:
Date:
Tuesday, December 3, 2019
Category:
Automatic Stay
Punitive Damages
Chapter:
7