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Opinion 303

Case Name: 

In re Isakson

Judge: 
Judge Boulden
Date: 
May-2-1990
Case Number(s): 
90B-0604
Status: 

UNPUBLISHED

Body: 

Creditor repossessed business equipment from chapter 13 debtor without seeking relief from stay, and asserted as a defense to a stay violation claim that it believed its contract to be with a corporate entity rather than with debtor individually. The court found that debtor had informed creditor that her business had not filed its articles of incorporation, and had signed the agreement without listing any corporate capacity. The court further found that creditor had failed to either confirm the existence of a corporate entity or take any other action in response to debtor's disclosure that she was under the court's protection. The court concluded that creditor had willfully violated the stay, and awarded debtor actual damages, attorney's fees, and punitive damages pursuant to 11 U.S.C. §105(a) and 362(h).

Internal Ref: 
Opinion 303
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