In Re Bivens
United States Bankruptcy Court, N.D. Ohio
1Opinion of the Court
DECISION AND ORDER
RICHARD L. SPEER, Bankruptcy Judge.
This cause comes before the Court after a Hearing on the Debtor’s Motion to Show Cause why Fifth Third Bank, a secured creditor in this case, should not be held in contempt for violating the automatic stay of 11 U.S.C. § 362(a). After considering the arguments presented by the Parties, the Court finds that the Debtor’s position has merit, and thus, as sought in her Motion, sanctions in the form of monetary damages will be imposed against Fifth Third Bank. Beginning with the relevant facts of this case, the basis for the Court’s decision is…
2Cases cited23 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Kolstad v. American Dental Assn.Supreme Court of the United States · 1999
- Patterson v. ShumateSupreme Court of the United States · 1992
- Watt v. AlaskaSupreme Court of the United States · 1981
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- Dean v. Carr (In re Dean)United States Bankruptcy Court, M.D. Pennsylvania · 2013
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