Weatherford v. Timmark, Carey Holdings Inc. (In Re Weatherford)

How courts have described this case

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

• noting that a creditor \is obligated to determine the effect of [a] bankruptcy case\ regarding any actions it has taken in technical violation of the automatic stay before proceeding any further
• finding no willful violation of the stay by a creditor where there was insufficient notice of the bankruptcy case at the time of the creditor’s collection attempt
• awarding emotional distress damages of $1,000 where the debtor presented credible and convincing testimony that she suffered from anxiety and depression as a result of the defendant’s actions, conditions requiring medication and counseling
• finding defendants’ failure to vacate or cancel a state court judgment which violated the stay despite having been advised to do so by debtor’s counsel to constitute a willful violation of the automatic stay
• “Proof of a violation of the automatic stay does not require actual notice, and constructive notice may suffice.”

Source: CourtListener parenthetical corpus (CC0).