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Legal Opinion

In re Ballard

United States Bankruptcy Court, S.D. Ohio

Decided October 11, 2013No. 12-33165PublishedCited by 10 opinions

1Opinion of the Court

Decision Determining Whether Action to Recover Damages for Stay Violation Must Be Brought By Adversary Proceeding

GUY R. HUMPHREY, Bankruptcy Judge.

I. Introduction

The sole issue before the court is whether a debtor must pursue damages under 11 U.S.C. § 362(k)(l) for a violation of the automatic stay imposed by § 362(a) through an adversary proceeding, or whether such damages may be pursued by motion as a contested matter under Federal Rule of Bankruptcy Procedure 9014. This is not a case of first impression in the courts and, for the reasons explained in this decision, the court joins the…

2Cases cited43 opinions

  1. In the Matter of Thomas J. Perkins, Jr., Debtor-Appellant, and Appeal of Teachers' Retirement System of the State of Illinois, InterveningCourt of Appeals for the Seventh Circuit · 1990
  2. David ARCHER, Plaintiff-Appellee, v. MACOMB COUNTY BANK, Defendant-AppellantCourt of Appeals for the Sixth Circuit · 1988
  3. In Re John H. Gledhill and Gloria K. Gledhill, Debtors, State Bank of Southern Utah v. John H. Gledhill and Gloria K. GledhillCourt of Appeals for the Tenth Circuit · 1996
  4. In Re Cannonsburg Environmental Associates, Ltd., Debtor. Tully Construction Company, Inc. v. Cannonsburg Environmental Associates, Ltd.Court of Appeals for the Sixth Circuit · 1996
  5. Barrientos v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2011

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3Cited by10 opinions

  1. In re SoriUnited States Bankruptcy Court, N.D. Illinois · 2014
  2. Louviere v. Thompson (In re Thompson)United States Bankruptcy Court, S.D. Texas · 2017
  3. Adrienne L. Butler and Juan J. Jackson v. City of ChicagoUnited States Bankruptcy Court, N.D. Illinois · 2023
  4. Butler v. City of ChicagoDistrict Court, N.D. Illinois · 2024
  5. Christopher Scott BarksdaleUnited States Bankruptcy Court, N.D. Ohio · 2019

5 more not listed; retrieve them via the Exa API.

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