United States Bankruptcy Court, S.D. Ohio, Western Division.
Decision Determining Whether Action to Recover Damages for Stay Violation Must Be Brought By Adversary Proceeding
GUY R. HUMPHREY, Bankruptcy Judge.
I. Introduction
The sole issue before the court is whether a debtor must pursue damages under 11 U.S.C. § 362(k)(1) for a violation of the automatic stay imposed by § 362(a) through an adversary proceeding, or whether such damages may be pursued by motion as a contested matter under Federal...
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