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 P ., March 3 , 2016 ) ( case no . 15-8006 ) ( unpublished table opinion ) ( the bankruptcy court abused its discretion in denying the debtor ' s July 2014 motion to reopen a Chapter 7 case closed in September 2012 ;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