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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31737
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed bankruptcy in 2008 and an automatic stay was issued.

Customer Question

I filed bankruptcy in 2008 and an automatic stay was issued. The bank (BofA) was ordered not to take automatic payments for credirt card payments as of 1 Aug. In the next three months these payments were taken out requardless. My lawyer contacted them to return the funds and the bank said no. The automatic stay was in force and the bank would not stop or return the funds after three months. Do I have any chance of the funds returning and will ther bank be punished of fined?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 7 years ago.

Yes, if the bank violated the stay, the court should order them to return the payments. Also, the court can fine the bank for violating the stay and could actually lose their lien priority and right to recover from you.


My suggestion is that you file a motion to hold the bank in contempt of court for violating the stay.


Here is an article that explains what it means to violate the stay:

Edited by Adam Kirk on 3/4/2010 at 1:14 AM EST
Customer: replied 7 years ago.
My lawer is trying for $6500.00 actual damages and $20,000. 00 punitive damages. Is there any chance of this becomming reality?
Expert:  Roger replied 7 years ago.
Punitive damages are generally not allowed in situations like this. However, the actual damages are possible. The court takes violations of the automatic stay seriously, so you should expect some punishment to be handed down if it is clear that they violated the stay AFTER notification of its existence.