July 11, 2016
Authored by: Sharon Weiss and Jennifer Odom
You are a creditor and your loan is secured by personal property, let’s say equipment. The borrower recently filed for bankruptcy protection. You receive a phone call from a friend advising you that someone has a moving truck outside the borrower’s business location and it looks like they are stealing equipment. You don’t know who is moving the equipment — but you do know it’s without your permission and in violation of the security agreement. You are furious. You think a crime is being committed and you want tell the appropriate authorities. You call the police, file a police report and hope the police will recover the equipment so your collateral remains intact. A few weeks later, the chapter 11 debtor files an action against you for willful violation of the automatic stay and requests sanctions again you under 11 U.S.C. 362(k)(1)! Will you have to pay sanctions?