In a recent case a creditor was held liable for willfully violating the automatic stay of a debtor who had recently filed chapter 13 reorganization plan. The peculiar thing about this case is that the creditor violated the automatic stay through inaction rather than committing some type of act that would be a clear violation […]
Significant Damages for a Violation of the Automatic Stay and Discharge Injunction
In a recent case in the Third Circuit the Bankruptcy Court ordered Commonwealth Financial Systems (CFS) to pay damages in the amount of $88,480 for violating an automatic stay and discharge injunction. 4 Years prior to the debtors filing for Chapter 7 Bankruptcy, CFS obtained a judgment for the amount of $23,307.49 against her. Following […]
