Legal Opinion
In Re Barboza
United States Bankruptcy Court, D. Rhode Island
Decided July 31, 1997No. Bankruptcy 97-10995PublishedCited by 12 opinions
1Opinion of the Court
ORDER AWARDING DAMAGES FOR VIOLATION OF THE AUTOMATIC STAY
ARTHUR N. VOTOLATO, Bankruptcy Judge.
BACKGROUND
Heard on May 28, 1997, on the Debtor’s Motion to Adjudge in Contempt, and seeking damages for willful violation of the automatic stay by a creditor, Lawrence Altman, and the State of Rhode Island. 1 The Debtor argues that § 362 prohibits any attempt to collect upon a pre-petition restitution order, and that the stay was violated when the court detained him, set bail in the amount of the restitution order, and canceled its enforcement proceeding when the restitution was paid.
The State…
2Cases cited11 opinions
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Philip Cochetti v. John Desmond, Walter M. Phillips, Jr. And Robert P. KaneCourt of Appeals for the Third Circuit · 1978
- Pellegrino v. Division of Criminal Justice (In Re Pellegrino)United States Bankruptcy Court, D. Connecticut · 1984
- In Re ButtonUnited States Bankruptcy Court, W.D. New York · 1981
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. ColasuonnoCourt of Appeals for the Second Circuit · 2012
- In Re DanielsUnited States Bankruptcy Court, D. Idaho · 2004
- In Re BivensUnited States Bankruptcy Court, N.D. Ohio · 2004
- Walters v. Sherwood Municipal Court (In Re Walters)United States Bankruptcy Court, W.D. Arkansas · 1998
- In Re SteenstraUnited States Bankruptcy Court, D. Massachusetts · 2002
7 more not listed; retrieve them via the Exa API.