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. (Faris) Bradley v. California Bank of Commerce (In re Koeberer), 632 BR 680 (9th Cir. BAP. November 18, 2021)
Bradley and Nancy Koeberer, along with their son Bryan, were . . .
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