In re Jean-Francois
United States Bankruptcy Court, E.D. New York
1Opinion of the Court
DECISION
CARLA E. CRAIG, Chief United States Bankruptcy Judge
This matter comes before the Court on the motion of Jean S. Jean-Franeois (the “Debtor”) for sanctions against Church Avenue Partners LLC (“Church Avenue”) pursuant to § 362(k)1 for willful violation of the automatic stay. Church Avenue opposed the Debtor’s motion, and the Court held a trial on April 27, 2015 on the issue of whether Church Avenue violated the automatic stay by evicting the Debtor after he filed for bankruptcy, whether the violation was willful, and whether the Debtor is entitled to actual or punitive damages. For the…
2Cases cited16 opinions
- Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
- In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990
- Arnold R. Vasbinder v. Basil Y. Scott and Richard M. SwitzerCourt of Appeals for the Second Circuit · 1992
- In Re PanekUnited States Bankruptcy Court, D. Massachusetts · 2009
- Diviney v. Nationsbank of Texas (In Re Diviney)United States Bankruptcy Court, N.D. Oklahoma · 1997
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- In re MontoyaUnited States Bankruptcy Court, D. New Mexico · 2016
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