Legal Opinion

In Re Carrigan

United States Bankruptcy Court, W.D. North Carolina

Decided April 27, 1989No. 18-31725PublishedCited by 29 opinions

1Opinion of the Court

ORDER GRANTING SANCTIONS AGAINST CLEO SCREWS

GEORGE R. HODGES, Bankruptcy Judge.

This matter is before the court on the debtor's Motion for Sanctions against a creditor of the debtor, Cleo Screws (hereinafter “Screws”). From the testimony presented and the record, the court finds and concludes that Screws willfully violated the automatic stay of 11 U.S.C. § 362(a) and that his conduct merits sanctions pursuant to 11 U.S.C. § 362(h).

FINDINGS OF FACT

1. The debtor filed a petition pursuant to Chapter 13 of the Bankruptcy Code on January 10, 1989. The debtor’s schedules listed a debt in favor of…

2Cases cited3 opinions

  1. Tel-A-Communications Consultants, Inc. v. Auto-Use (In Re Tel-A-Communications Consultants, Inc.)United States Bankruptcy Court, D. Connecticut · 1985
  2. Budget Service Co. v. Better Homes of Virginia, Inc.Court of Appeals for the Fourth Circuit · 1986
  3. In Re MidkiffUnited States Bankruptcy Court, S.D. Ohio · 1988

3Cited by29 opinions

  1. Fleet Mortgage Group, Inc. v. KanebCourt of Appeals for the First Circuit · 1999
  2. Cherry v. Arendall (In Re Cherry)United States Bankruptcy Court, E.D. Virginia · 2000
  3. Diviney v. Nationsbank of Texas (In Re Diviney)United States Bankruptcy Court, N.D. Oklahoma · 1997
  4. In Re OcasioBankruptcy Appellate Panel of the First Circuit · 2002
  5. In re SeatonUnited States Bankruptcy Court, E.D. Virginia · 2011

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