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Comer v. Carilion Clinic (In re Comer), Case No. 19-70593; A.P. No. 19-07030 11/22/2019

The Debtors filed a motion for default judgment seeking damages against a creditor for violation of the automatic stay. The Court found that the creditor willfully violated the automatic stay of 11 U.S.C. § 362(a) by seeking to collect the balance owed for pre-petition services after receiving notice that the Debtors filed bankruptcy.  The Court awarded the Debtors $300.00 in lost work time damages and attorneys’ fees in the amount of $1,875.00.   However, the Court found that there was insufficient evidence to award the Debtors damages for emotional distress.

Friday, November 22, 2019
Attorneys Fees
Automatic Stay
Burden of Proof