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Herbert F. Schroeder, Ch. 7, BK14-41523-SH (Feb. 9, 2015)

The court denied the debtor's motion for sanctions for violation of the automatic stay by a creditor who sent billing statements for medical expenses incurred by the debtor's late wife. While the debtor argued that the bills were an attempt to collect the debt from him because a husband is liable for his wife's medical expenses under Nebraska law, the court found no evidence either that the creditor knew the husband had filed bankruptcy or was in fact attempting to collect from the husband because the bills were addressed only to the non-debtor wife. The court held there was no willful violation of the automatic stay and sanctions were not warranted.

Date: 
Monday, February 9, 2015
Judge: 
Judge Shon Hastings