Does anyone here have experience with a successful claim of a violation of the automatic stay?
I have an interesting situation where a creditor actually acknowledged that they violated the automatic stay (on accident - legal not talking with accounts payable).
They agreed to sanctions almost immediately upon suggestion by my attorney! I was really impressed with the way my attorney handled the entire situation, and was surprised that the creditor attorney settled so quickly. My guess is that the sanction amount we asked for was relatively minimal (under $1,000) that it would have cost them more in attorney time/fees to fight something that was an obvious violation.
So now my question... Does the sanction amount go to me or does it go straight to the trustee since the trustee is now in control of my financial house? My attorney is researching this now, but was curious if I could hope to see any of this $$ or does it just go to the trustee (and attorney for his reasonable fees...
)
I have an interesting situation where a creditor actually acknowledged that they violated the automatic stay (on accident - legal not talking with accounts payable).
They agreed to sanctions almost immediately upon suggestion by my attorney! I was really impressed with the way my attorney handled the entire situation, and was surprised that the creditor attorney settled so quickly. My guess is that the sanction amount we asked for was relatively minimal (under $1,000) that it would have cost them more in attorney time/fees to fight something that was an obvious violation.
So now my question... Does the sanction amount go to me or does it go straight to the trustee since the trustee is now in control of my financial house? My attorney is researching this now, but was curious if I could hope to see any of this $$ or does it just go to the trustee (and attorney for his reasonable fees...
)
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