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Opinion 614

Case Name: 

In re Kelley

Judge: 
Judge Anderson
Date: 
Jan-4-2019
Case Number(s): 
17-29915
Status: 

PUBLISHED

Body: 

The Court granted debtors' motion for sanctions, holding that creditor (Vivint) had actual notice of the bankruptcy and was willfully violating the automatic stay under SS 362(k) when it continued to contact the debtors for collection and ultimately assigned the debt to a collection agency for legal action. Vivint received five notices from the Bankruptcy Noticing Center but claimed it had no notice of the debtor's filing. The Court awarded compensatory and punitive damages, along with attorney's fees and costs.

Internal Ref: 
Opinion 614