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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