Bowers v. Consumers United Capital Corp.

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
VIVIAN W. BOWERS,
Debtor.
____________________________
VIVIAN W. BOWERS,
Plaintiff,
v.
CONSUMERS UNITED CAPITAL
CORPORATION,
Defendant.
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Case No. 09-00584
(Chapter 7)
Adversary Proceeding No.
09-10053
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE DISMISSAL OF ADVERSARY PROCEEDING
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
The document below is hereby signed.
Signed: June 12, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-10053 Doc 6 Filed 06/15/10 Entered 06/15/10 18:03:38 Desc Main
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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.
[Signed and dated above.]
Copies to: All counsel of record; Office of United States
Trustee.
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