Legal Opinion
In Re White
United States Bankruptcy Court, M.D. Florida
Decided August 11, 2009No. 8:09-bk-04466PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OPINION ON MOTION FOR SANCTIONS
MICHAEL G. WILLIAMSON, Bankruptcy Judge.
Upon the filing of a petition for bankruptcy, the automatic stay prevents creditors from seeking to enforce pre-petition debts. If a creditor with actual knowledge of the bankruptcy case nevertheless attempts to enforce a pre-petition debt, the creditor may be liable for damages. Further, if the creditor’s actions are egregious, then punitive damages may also be awarded. In this case, an unsecured creditor, Platinum Protection, received formal and repeated informal notice of the Debtor’s bankruptcy filing.…
2Cases cited14 opinions
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- Exxon Shipping Co. v. BakerSupreme Court of the United States · 2008
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- Jeanette Randolph v. Imbs, Inc., Cheryl Alexander v. Unlimited Progress Corp., Cross-Appellee. Jennifer J. Cross v. Risk Management Alternatives, Inc.Court of Appeals for the Seventh Circuit · 2004
- Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re HarrisonUnited States Bankruptcy Court, N.D. Florida · 2019
- Stephens v. Guaranteed Auto, Inc. (In re Stephens)United States Bankruptcy Court, N.D. Georgia · 2013
- Brodgen v. Holmes Motors Inc. (In re Brodgen)United States Bankruptcy Court, M.D. Alabama · 2018
- Credit Nation Lending Services, LLC v. NettlesUnited States Bankruptcy Court, N.D. Alabama · 2013
- In Re Wvf Acquisition, LLCUnited States Bankruptcy Court, S.D. Florida. · 2009
8 more not listed; retrieve them via the Exa API.