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AIELLO v. PROVIDIAN FIN. CORP.

No. 00-1864.

239 F.3d 876 (2001)

Laura Anne AIELLO, Plaintiff-Appellant, v. PROVIDIAN FINANCIAL CORP., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 6, 2001.

Attorney(s) appearing for the Case

Gary S. Caplan (argued), Sachnoff & Weaver, Chicago, IL, for Appellee.

Daniel A. Edelman, James O. Latturner (argued), Edelman, Combs & Latturner, Chicago, IL, for Debtor-Appellant.

Before BAUER, POSNER, and EASTERBROOK, Circuit Judges.

POSNER, Circuit Judge.

The "automatic stay" is a statutory injunction against efforts outside of bankruptcy to collect debts from a debtor who is under the protection of the bankruptcy court. 11 U.S.C. § 362. "An individual injured by any willful violation of [the automatic stay] shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, may recover punitive damages." § 362(h). The question presented by this appeal...

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