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· 3/22/1995

McHenry v. Key Bank (In Re McHenry)

Citations

  • 179 B.R. 165
  • 95 Daily Journal DAR 4651
  • 95 Cal. Daily Op. Serv. 2726
  • 1995 Bankr. LEXIS 424
  • 1995 WL 154220

How courts have described this case

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

  • stating that punitive damages are also appropriate if the creditor engaged in “egregious, intentional misconduct.”
  • stating that punitive damages may only be awarded if actual damages have been proven
  • eiting In re Roberts, 175 B.R. 339, 343 (9th Cir.BAP 1994)
  • finding a willful stay violation where creditor repossessed automobile but refusing to award damages because debtors intended to return the vehicle, and their inconvenience and annoyance was insufficient to warrant a damages award
  • reviewing a 8 willful violation of the automatic stay
  • construing § 362(h), the predecessor of § 362(k)

Source: CourtListener parenthetical corpus (CC0).

Judges: Hagan, Meyers, Ollason

Read full opinion on CourtListener

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.