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The Bankruptcy Hotline
Computer Error Can Establish a Willful Violation of the Automatic Stay
The Bankruptcy Appellate Panel of the Ninth Circuit has ruled that a creditor is liable under Section 362(h) for stay violations attributable to a computer error. Associated Credit Services, Inc. v. Campion (In re Campion), No. EW-02-1486 (June 4).
The bankruptcy court found a willful violation of the automatic stay by a creditor who was aware that an individual named Michael P. Campion was a debtor in a bankruptcy case, but garnished his wages because its computer failed to recognize that Michael P. Campion of Spokane, WA, and Mike P. Campion of Spokane, might be the same individual. The BAP affirmed.
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