Can a creditor be found to have wilfully violated section 362 of the Bankruptcy and Insolvency Act?

MultiRegion, United States of America

The following excerpt is from Official Comm. of Unsecured Creditors of Arcapita Bank B.S.C.(c) v. Bahr. Islamic Bank (In re Arcapita Bank B.S.C.(C)), 628 B.R. 414 (Bankr. S.D.N.Y. 2021):

69 "A creditor willfully violates [S]ection 362 when it knows of the filing of the petition (and hence of the automatic stay) and has the general intent simply to perform the act found to violate [S]ection 362; no specific intent to violate [S]ection 362 is necessary." Weber v. SEFCU (In re Weber) , 719 F.3d 72, 83 (2d Cir. 2013). "[A]ny deliberate act taken in violation of a stay, which the violator knows to be in existence, justifies an award of actual damages." In re Crysen/Montenay Energy Co. , 902 F.2d 1098, 1105 (2d Cir. 1990).

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