Wagner v. Ivory (In Re Wagner)

How courts have described this case

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

• awarding damages for “shock, alarm and fear” against a creditor who broke into debtor’s house and threatened to “blow [his] brains out.”
• finding patently egregious behavior where a creditor entered the debtor’s house, shut off lights, and pretended to hold a gun and “screamed, ‘I’m not playing, I’m not playing, next time I’m going to blow your brains out, bring a gun and I’ll blow your brains out.’”
• “[T]he willfulness requirement refers to the deliberateness of the conduct and the knowledge of the bankruptcy filing, not to a specific intent to violate a court order.”
• action by creditor, four months postpetition, bursting into debtor’s home, shutting the lights, and in the darkness, holding up a'finger to the debtor’s head (as if he were holding a gun), threatening to kill the debtor
• creditor breaking into debtors’ house and threatening to “blow your brains out”
• knowledge of bankruptcy filing is equivalent to knowledge of stay

Source: CourtListener parenthetical corpus (CC0).