Plaintiff alleged that the water department violated the automatic stay by sending Plaintiff an invoice for water service post-petition and sought damages under §362(k) for same. The Court first reviewed all evidentiary objections, made findings of facts and closed the evidentiary record. The Court concluded that Defendants did not violate the automatic stay when they sent a bankruptcy package to Plaintiff after being notified of the filing of the case because the final bill included in the package served an informational purpose and the documentation in the package was sufficient to inform the recipient that Defendant was not attempting to collect a debt. As a result sending the three documents did not amount to an attempt to collect a debt.  The Court also reviewed Plaintiff’s claim of damages and noted that although Plaintiff alleged that receiving the package caused him emotional distress, he was unable to extricate the emotional and physical impact of receiving the letter from other ongoing medical conditions.
NOT FOR PUBLICATION