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IN RE BAGGS

Bankruptcy No. 01-85183. Adversary No. 02-8041.

283 B.R. 726 (2002)

In re Ronald Albert BAGGS, Debtor. Ronald Albert Baggs, Plaintiff, v. McClain Ford-Mercury, Incorporated, Defendant.

United States Bankruptcy Court, C.D. Illinois.

July 19, 2002.

Attorney(s) appearing for the Case

Sumner A. Bourne, Peoria, IL, for debtor.

OPINION

THOMAS L. PERKINS, Bankruptcy Judge.

The issue before the Court is whether the Debtor, Ronald Albert Baggs ("DEBTOR"), should recover punitive damages and attorney fees from the Defendant, McClain Ford-Mercury, Incorporated ("MCCLAIN"), pursuant to 11 U.S.C. § 362(h) for willful violation of the automatic stay.

When the DEBTOR filed his Chapter 7 petition on December 5, 2001, he scheduled MCCLAIN as an unsecured, nonpriority creditor...

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