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· 11/13/1989

In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.

Citations

  • 889 F.2d 773
  • 1989 U.S. App. LEXIS 17080
  • 19 Bankr. Ct. Dec. (CRR) 1691
  • 1989 WL 135351

How courts have described this case

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

  • finding violation of automatic stay where creditor failed to turn over to the bankruptcy estate equipment belonging to debtor
  • affirming an award of $750.00 in punitive damages when a creditor attempted to have the debtor excommunicated from his church in a brazen attempt to punish the debtor for pursuing his rights under the Bankruptcy Code
  • efforts by a creditor to have the debtor ex-communicated from his church was conduct that warranted punitive damages
  • “The failure to [turn over], regardless of whether the original seizure was lawful, constitutes a prohibited attempt to ‘exercise control over the property of the estate’ in violation of the automatic stay.”
  • a violation is willful if a creditor acts deliberately with knowledge of the bankruptcy
  • “The failure to [turn over], regardless of whether the original seizure was lawful, constitutes a prohibited attempt to ‘exercise control over the property of the estate’ in violation of the automatic stay.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lay, Heaney, Gibson

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Sourced from CourtListener / Free Law Project (CC0).

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.