Legal Opinion

In Re Shealy

United States Bankruptcy Court, W.D. North Carolina

Decided July 20, 1988No. 19-03016PublishedCited by 29 opinions

1Opinion of the Court

ORDER IMPOSING SANCTIONS FOR VIOLATION OF SECTION 362 STAY

GEORGE R. HODGES, Bankruptcy Judge.

This matter is before the court on the debtors’ motion for sanctions pursuant to § 362(h) against the South Carolina Tax Commission (the “Commission”). The court has concluded that the motion should be granted and that the debtors are entitled to actual damages of $2,000.00 and reasonable attorney’s fees (to be determined upon separate petition), but that no punitive damages are merited in this case. The bases for this conclusion follow:

Facts

The chronology of events in this case occurred as follows:

—Se…

2Cases cited4 opinions

  1. Screws v. United StatesSupreme Court of the United States · 1945
  2. Trans World Airlines, Inc. v. ThurstonSupreme Court of the United States · 1985
  3. Tel-A-Communications Consultants, Inc. v. Auto-Use (In Re Tel-A-Communications Consultants, Inc.)United States Bankruptcy Court, D. Connecticut · 1985
  4. Budget Service Co. v. Better Homes of Virginia, Inc.Court of Appeals for the Fourth Circuit · 1986

3Cited by29 opinions

  1. Clayton v. King (In Re Clayton)United States Bankruptcy Court, M.D. North Carolina · 1998
  2. Price v. United States (In Re Price)District Court, N.D. Illinois · 1991
  3. Cherry v. Arendall (In Re Cherry)United States Bankruptcy Court, E.D. Virginia · 2000
  4. In re SeatonUnited States Bankruptcy Court, E.D. Virginia · 2011
  5. Will v. Ford Motor Credit Co. (In Re Will)District Court, N.D. Illinois · 2003

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