United States Second Circuit

Judgment finding that defendant violated the Bankruptcy Code’s automatic stay provision, 11 U.S.C. section 362, is affirmed, where: 1) defendant exercised control over property of the debtor's bankruptcy estate in contravention of section 362 when it failed to relinquish the debtor's vehicle promptly after it learned that a Chapter 13 petition was filed; and 2) because defendant willfully violated section 362(a), it is liable under section 362(k) for debtor's actual damages, costs, and attorney's fees and the matter is remanded for a determination of the same.

Appellate Information

• Decided 05/08/2013
• Published 05/08/2013

Judges

• CARNEY

Court

• United States Second Circuit

Counsel