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Sims v. The Rector & Visitors of the University of Virginia (In re Sims) (Case No. 07-60860; A.P. No. 07-06090) 02/11/2008

The court held that creditor's refusal to return wages garnished post-petition pursuant to a pre-petition writ of garnishment constituted a knowing and willful violation of the automatic stay under 11 U.S.C. § 362(h) and that debtors are entitled to actual damages in the amount of wages garnished post-petition plus wages lost due to this proceeding, compensatory damages, attorney's fees, and punitive damages because creditor acted in disregard for the law and for debtors' rights under 11 U.S.C. § 362.

Date: 
Monday, February 11, 2008
Category: 
Attorneys Fees
Automatic Stay
Default Judgment
Punitive Damages
Chapter: 
7