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
Burden of Proof