The debtor filed a chapter 13 petition, scheduling a creditor secured by the debtor’s motorcycle. Two days after filing, the creditor’s agent came to the debtor’s house to repossess the motorcycle. The debtor’s husband informed the creditor during the repossession that the debtor had filed bankruptcy and that the automatic stay prohibited the repossession. Nonetheless, the creditor repossessed. Subsequently, the debtor’s husband met with the creditor to ask that the motorcycle be returned and again informed the creditor of the automatic stay. The creditor refused. The debtor’s counsel also contacted the creditor asking for return of the vehicle and informing of the automatic stay. The creditor again refused to return the vehicle. The debtor filed a complaint seeking actual damages, punitive damages, and attorney’s fees. Following an evidentiary hearing, the Court found a violation of the automatic stay and entered judgement against the creditor for actual damages, punitive damages, and attorney’s fees.
Wednesday, September 25, 2019