· 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
Read full opinion on CourtListenerSourced 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.