(Bankr. W.D. Ky. Aug. 16, 2017)
The bankruptcy court enters judgment against the creditor for its violation of the automatic stay. The creditor is a home furnishing leasing company that leased furniture to the debtors prepetition. While the bankruptcy case was pending, the creditor continued weekly withdrawals from the debtors’ account. The creditor then refused to return the funds and attempted to recover the leased furniture from the debtors’ home. The court awards damages for the amount withdrawn from the debtors’ account and attorney fees, and awards punitive damages in the amount of $5,000. Opinion below.
Attorney for Debtor: Ross Benjamin Neuhauser
Attorney for Creditor: Brian Kevin Darling
Author: Matt Lindblom