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Brian J. Duffy v. Mary Duffy (In re Brian J. Duffy)

Bankr. No.: 
02-40948
Adv. No.: 
02-4069
Chapter: 
7
Date of Decision: 
May 2, 2003
Issue: 
Whether summary judgment on Plaintiff-Debtor’s complaint for damages arising from a violation of the automatic stay should be entered?
Ruling: 
Partial summary judgment was entered for Plaintiff-Debtor. There were no material facts in dispute and the record clearly showed that Defendant willfully violated the automatic stay and that Plaintiff-Debtor was injured. The amount of damages was not established summarily.
Full Bankruptcy Court Decision: