Bankruptcy Court found violation of automatic stay to be “technical”, thus no damages. Ninth Circuit BAP did not agree. Continuing to pursue state court fraudulent transfer action after transfer or filed for Chapter 7 relief violated the automatic stay; even if the violation of the stay is “technical”, damages, including attorneys’ fees and costs, should be assessed against the violator....
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
If a Chapter 13 debtor does not list a creditor on the creditor matrix when filing the petition and makes no effort to provide supplemental notice to the creditor, the provisions of Rule 3002 allow the extension of time for the creditor to file a claim after the passage of the bar date. (Frank) In re Mazik, 592 B.R. 812 (Bankr. E.D. Pa. Nov. 29, 2018)
Case Summary
After the debtor filed a Chapter 7 petition which was dismissed . . .
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