Middle District of North Carolina
Published on Middle District of North Carolina (https://www.ncmb.uscourts.gov)

Home > Printer-friendly > In re Evex Ross Franklin (Case No. 19-80661)

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.

File: 
PDF icon In re Evex Ross Franklin (Case No. 19-80661) Memorandum Opinion.pdf [1]
Judge: 
Benjamin A. Kahn [2]
Date: 
Monday, January 27, 2020
Published: 
Yes
Index Heading: 
Automatic Stay

Source URL:https://www.ncmb.uscourts.gov/content/re-evex-ross-franklin-case-no-19-80661

Links
[1] https://www.ncmb.uscourts.gov/sites/default/files/opinions/In%20re%20Evex%20Ross%20Franklin%20%28Case%20No.%2019-80661%29%20Memorandum%20Opinion.pdf [2] https://www.ncmb.uscourts.gov/content/benjamin-a-kahn