Clayton v. King (In Re Clayton)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that “[k]nowledge of the existence of an active bankruptcy case need not be communicated through formal notification of the filing of a petition”
• holding that the standard of proof is the preponderance of the evidence standard
• noting the difference of opinion among the courts regarding the proper standard of evidence to apply in an action for willful violation of the automatic stay
• discussing 11 U.S.C. § 362(h), amended by, 11 U.S.C. § 362(k)(1) (Pub. L. No. 109-8)
• encouraging debtors’ attorneys to cooperate with creditors to “promptly mitigate damages caused by a stay violation”
• “[I]n determining reasonable damages under § 362(h), the bankruptcy court must examine whether the debtor could have mitigated the damages[.]”

Source: CourtListener parenthetical corpus (CC0).