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· 9/30/1993

Moratzka v. Visa U.S.A. (In Re Calstar, Inc.)

Citations

  • 159 B.R. 247
  • 29 Collier Bankr. Cas. 2d 1052
  • 1993 Bankr. LEXIS 1411
  • 24 Bankr. Ct. Dec. (CRR) 1154
  • 1993 WL 387514

How courts have described this case

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

  • explaining that chargebacks between a debtor’s debit account and a bank are “a series of classic setoffs”
  • awarding money damages for a violation of the automatic stay and stating that punitive damages, although generally available under section 105, were not warranted in the case
  • “[T]he trustee is entitled, at a minimum, to recover damages equal to the amount of chargebacks that were made in violation of the automatic stay.”
  • recovery of chargebacks 22 from postpetition deposit is a violation of § 549 and the 23 automatic stay
  • recovery of chargebacks 22 from postpetition deposit is a violation of § 549 and the 23 automatic stay
  • stay imposed by former bankruptcy rules was “in effect, an order of the Supreme Court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Robert J. Kressel

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.