Legal Opinion

In Re Nixon

United States Bankruptcy Court, E.D. Pennsylvania

Decided October 26, 2009No. 19-00058PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM

ERIC L. FRANK, Bankruptcy Judge.

I. INTRODUCTION

Presently before me is the Debtors’ Motion to Redress Willful Violation of Automatic Stay (“the Motion”). The Debtors assert that Philadelphia Gas Works (“PGW”) willfully violated the automatic stay, 11 U.S.C. § 362(a), by misapplying their post-petition payment to their pre-petition account and by terminating their residential gas service. They seek damages and attorney’s fees under § 362(k) of the Bankruptcy Code, 11 U.S.C. § 362(k). 1 PGW contests liability and the damages claimed by the Debtors.

An evidentiary hearing was held and…

2Cases cited45 opinions

  1. In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
  2. Fleet Mortgage Group, Inc. v. KanebCourt of Appeals for the First Circuit · 1999
  3. In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989
  4. Krystal Cadillac-Oldsmobile Gmc Truck, Inc. v. General Motors Corporation and General Motors Acceptance CorporationCourt of Appeals for the Third Circuit · 2003
  5. Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987

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3Cited by17 opinions

  1. Iskric v. Commonwealth Financial Systems, Inc. (In re Iskric)United States Bankruptcy Court, M.D. Pennsylvania · 2013
  2. Thomas v. City of Philadelphia (In re Thomas)United States Bankruptcy Court, E.D. Pennsylvania · 2013
  3. Schatz v. Chase Home Finance (In Re Schatz)United States Bankruptcy Court, M.D. Pennsylvania · 2011
  4. Vu v. Lin (In re Vu)United States Bankruptcy Court, E.D. Pennsylvania · 2018
  5. In re HighsmithUnited States Bankruptcy Court, M.D. North Carolina · 2015

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