Legal Opinion
Green Tree Servicing, LLC v. Taylor (Taylor)
District Court, S.D. West Virginia
Decided March 30, 2007No. Civil Action Nos. 2:06-0086, 2:06-0156, Bankruptcy No. 03-21982PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
COPENHAVER, District Judge.
Green Tree Servicing, LLC (“Green Tree”) and Desiree Anna Marie Taylor (“Taylor”) filed cross-appeals of the September 13, 2005 order of the bankruptcy court. 1
In that order, the bankruptcy court found that Green Tree violated the automatic stay by entering Taylor’s residence on two separate occasions. (Bankr.Ct. Order at ¶ 6). It further found that those violations “give rise to damages under 11 U.S.C. § 362(h).” (Id.). Section § 362(h), recently recodified as § 362(k), 2 prescribes as follows:
An individual injured by any willful…
2Cases cited43 opinions
- In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
- In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990
- Fleet Mortgage Group, Inc. v. KanebCourt of Appeals for the First Circuit · 1999
- James Jay Ball, Debtor-Appellant v. A.O. Smith Corporation, Creditor-AppelleeCourt of Appeals for the Second Circuit · 2006
- Harman v. LevinCourt of Appeals for the Fourth Circuit · 1985
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3Cited by17 opinions
- Johnson v. Smith (In Re Johnson)Court of Appeals for the Tenth Circuit · 2007
- Tow v. Henley (In re Henley)United States Bankruptcy Court, S.D. Texas · 2012
- In re SeatonUnited States Bankruptcy Court, E.D. Virginia · 2011
- Wells Fargo Bank, N.A. v. JimenezDistrict Court, D. New Mexico · 2008
- Escobedo v. Davis (In re Escobedo)United States Bankruptcy Court, D. New Mexico · 2014
12 more not listed; retrieve them via the Exa API.