Legal Opinion
Laura Anne Aiello v. Providian Financial Corp.
Court of Appeals for the Seventh Circuit
Decided February 6, 2001No. 00-1864PublishedCited by 123 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The “automatic stay” is a statutory injunction against efforts outside of bankruptcy to collect debts from a debtor who is under the protection of the bankruptcy court. 11 U.S.C. § 362. “An individual injured by any willful violation of [the automatic stay] shall recover actual damages, including costs and attorneys’ fees, and, in appropriate circumstances, may recover punitive damages.” § 362(h). The question presented by this appeal is whether the term “actual damages” is intended to include damages for purely emotional injury. We can find only one federal appellate…
2Cases cited30 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Mueller v. NugentSupreme Court of the United States · 1902
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- Public Finance Corp. v. DavisIllinois Supreme Court · 1976
25 more not listed; retrieve them via the Exa API.
3Cited by123 opinions
- Mary Ruffin-Thompkins v. Experian Information Solutions, Inc.Court of Appeals for the Seventh Circuit · 2005
- Lloyd Sarver v. Experian Information SolutionsCourt of Appeals for the Seventh Circuit · 2004
- Rijos v. Banco Bilbao Vizcaya (In Re Rijos)Bankruptcy Appellate Panel of the First Circuit · 2001
- Young v. RepineCourt of Appeals for the Fifth Circuit · 2008
- Kenneth Lodge v. Kondaur Capital CorporationCourt of Appeals for the Eleventh Circuit · 2014
118 more not listed; retrieve them via the Exa API.