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· 4/23/1993

Federal Case

Citations

  • 991 F.2d 613

How courts have described this case

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

  • holding that the term “individual” does not apply to corporate debtors
  • holding that the term “individual” does not apply to corporate debtors
  • stating that for debtors who are not \individuals\ for purposes of Section 362(h), the proper means of compensation and punishment for willful violations of the automatic stay are bankruptcy court contempt proceedings
  • “A ‘willful violation’ does not require a specific intent to violate the automatic stay,” but only that the defendant knew of the automatic stay and intended the acts that violated the stay
  • \A proceeding is not removed from the jurisdiction of the bankruptcy court solely because the resolution may be affected by state law.\
  • “The adversary proceeding involved: (1) allegations that the automatic stay was 6]| violated, a claim that is entirely dependent upon bankruptcy law for definition;. ..”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.