Krivohlavek v. Boys Town Federal Credit Union (In Re Krivohlavek)

VENTERS, Bankruptcy Judge.

This is an appeal of the bankruptcy court’s order denying the Debtor’s motion for turnover and for sanctions against creditor Boys Town Federal Credit Union for alleged violations of the automatic stay. For the reasons set forth below, the bankruptcy court’s order is reversed and this case is remanded to the bankruptcy court for the determination and imposition of appropriate sanctions against the Credit Union.

I. STANDARD OF REVIEW

A bankruptcy court’s decision to impose or, in this case, deny, sanctions is reviewed for a clear abuse of discretion. 1 “An abuse of…