NCBRC CASES IN REVIEW
Reopening of case: Two Bankruptcy Appellate Panels held that the bankruptcy court abused its discretion in denying, on the ground of laches, a debtor ' s motion to reopen the debtor ' s case. See In re Yonish, 2016 WL 832587( 6th Cir. B. A. P., March 3, 2016)( case no. 15-8006)( unpublished table opinion)( the bankruptcy court abused its discretion in denying the debtor ' s July 2014 motion to reopen a Chapter 7 case closed in September 2012; the debtor sought to avoid two judgment liens); In re Kochetov, 2016 WL 1180230( 9th Cir. B. A. P., March 25, 2016)( case no. 15-1034)( the bankruptcy court abused its discretion in denying the debtor ' s 2014 motion to reopen a case closed in 1996; the debtor sought to determine whether a tax debt had been discharged).
Violation of stay— Damages: In two cases, district courts affirmed substantial damage awards for violation of the automatic stay. See Zokaites v. Lansaw, 2016 WL 1012597( W. D. Pa., March 15, 2016)( case no. 2:15-cv-404), appeal filed, In re Lansaw, Case No. 16-1867( 3rd Cir., filed April 14, 2016)( the bankruptcy court did not err in awarding the debtors $ 50,100 in damages, consisting of actual damages of $ 2,600, emotional distress damages of $ 7,500 and punitive damages of $ 40,000, for the " egregious " violations of the automatic stay by the lessor of commercial space for the debtors ' daycare business); In re Ogden, 2016 WL 1077355( D. Colo., March 18, 2016)( case no. 1:15-cv-1274), appeal filed, Case No. 16-1132( 10th Cir., filed April 18, 2016)( the bankruptcy court did not err in awarding, for a mortgage creditor ' s violating the automatic stay by sending the Chapter 13 debtor two letters threatening foreclosure, damages of $ 69,405, including $ 10,000 for emotional distress, $ 35,000 in punitive damages, and $ 24,405 in attorney ' s fees)
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36 CONSUMER BANKRUPTCY JOURNAL Summer 2016 National Association of Consumer Bankruptcy Attorneys