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Opinion 36

Case Name: 

In re Reed, 11 B.R. 258 (Bankr.D.Utah)In re Hubbard

Judge: 
Judge Mabey
Date: 
May-15-1981
Case Number(s): 
80-1785, -0082
Status: 

PUBLISHED

Body: 

In two cases involving orders to show cause for stay violations, the court explained the difference between criminal and civil contempt, as well as what constitutes sufficient knowledge of the automatic stay for imposition of civil contempt. Sellers of a restaurant to debtors were found in violation of the stay due to having spread garbage taken from debtors' closed restaurant around debtors' home. The court ordered them to pay $500 in damages, and $300 for attorney's fees. Another debtor's boss was found in violation of the stay based on his demand that debtor pay a phone bill or risk losing his job. He was ordered to repay the money debtor had paid to him due to that demand, and to pay trustee's attorney's fees. However, a previously imposed $500 fine against respondent was withdrawn.

Internal Ref: 
Opinion 36
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