Case No. 09-00584, Adversary Proceeding No. 09-10053.United States Bankruptcy Court, D. Columbia.
June 12, 2010
MEMORANDUM DECISION RE DISMISSAL OF ADVERSARY PROCEEDING
S. TEEL JR., Bankruptcy Judge
This adversary proceeding, apparently brought under 11 U.S.C. § 362(k), seeks to recover from the defendant actual damages and punitive damages arising from an alleged violation of the automatic stay of 11 U.S.C. § 362(a). The adversary proceeding is barred by a ruling on a contempt motion in the main case.
In the main case, the debtor sought by way of a contempt motion to hold the defendant in this adversary proceeding liable
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for compensatory contempt sanctions for the same acts that allegedly constituted a violation of the automatic stay. By a decision signed on February 25, 2010, I dismissed the motion in the main case on the merits, concluding that the automatic stay was not violated.
The only difference in the two proceedings is that punitive damages can be recovered under § 362(k) whereas they are likely not recoverable for contempt. But whether sought pursuant to a contempt motion or a § 362(k) proceeding, the requested damages cannot be recovered if there was no violation of the automatic stay.
An order follows dismissing this adversary proceeding.