Section 5.73 Actual Damages

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

a. (§5.73) Actual Damages

Recovery of actual damages, including attorney fees and costs, is mandatory if the court finds that there has been a willful violation of the stay. 11 U.S.C. § 362(k). “[W]illful” has been interpreted by the Missouri bankruptcy courts to mean that the creditor must have acted deliberately, with knowledge of the bankruptcy petition. In re Mauck, 287 B.R. 219, 221 (Bankr. E.D. Mo. 2002) (McDonald, C.J.).

The Eighth Circuit has narrowly interpreted § 362(k), stating that costs and...