· 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 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.