Disregarding Bankruptcy Protections Can be Costly: How Courts Decide Punitive Damages Awards for Stay Violations

By Veronica D. Brown-Moseley and Stephen F. Relyea1

The automatic stay serves as a shield that immediately protects debtors in bankruptcy and their property from a host of creditor collection actions ranging from foreclosure, repossession, and garnishment to collection letters and phone calls. In most instances, the filing of a bankruptcy case forces creditors to cease all collection actions and provides debtors with peace of mind and the ability to obtain a fresh start. When a creditor willfully continues to engage in collection efforts in violation of the automatic stay, the harm . . .

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