Opinions

 

The NCMB offers a database of opinions for the years 2000 onward, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

Order overruling Bankruptcy Administrator's objection to Debtor's small business designation under Rule 1020.

Chapter 11 Plans, Published Yes

Order denying motion for stay pending appeal and to suspend proceedings.

Appeals, Published No

Debtor filed a complaint against Creditor for willfully violating the automatic stay by repossessing Debtor’s vehicle post-petition, refusing to return it, and demanding payment of the pre-petition obligation, all after having been notified of the pending bankruptcy and the automatic stay.  The Court determined that Creditor willfully violated the automatic stay, and ordered Creditor to pay Debtor actual damages, including attorneys’ fees and costs, in the total amount of $3,963.90.  The Court determined that Creditor's actions further justified the imposition of punitive damages.  After considering the Supreme Court's guideposts for courts to consider when assessing punitive damages, the Court awarded total punitive damages of $15,000, allocating the total amount among the various violations.

Automatic Stay, Published Yes
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