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In re: Moncada, BK 16-21407, Doc #43

Judge:
Honorable James R. Sacca
Date:

The Court granted the Debtor's motion to hold the creditor in contempt for knowingly violating the automatic stay, awarding damages under section 362(k)(1). The Court concluded that the creditor knowingly violated the automatic stay of section 362(a) when it failed to take any steps to revoke a default judgment issued by the state court, despite the creditor having received notice of the bankruptcy. Because default judgment was actually entered against the Debtor, the case here was materially distinguishable from Alle Cassetty Cos. v. Wren, 502 B.R. 609 (N.D. Ga. 2013), as the Court discussed. NOT INTENDED FOR PUBLICATION