Douglas Young Builder, Inc.

4:09-bk-21940Paeb01.09.2009

Gesamter Gesetzestext

UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: DOUGLAS YOUNG :
BUILDER, INC., : No. 09-21940REF
Debtor : Chapter 7
SUBSTITUTED ORDER GRANTING DEBTOR'S MOTION FOR
CONTEMPT FOR VIOLATION OF AUTOMATIC STAY
AND NOW, this 1st day of September, 2009, upon my consideration of
Debtor's Motion for Contempt for Violation of the Automatic Stay (the "Contempt
Motion"), which Contempt Motion seeks both actual and punitive damages, upon the
testimony and exhibits offered and admitted in the expedited hearing on the Contempt
Motion on August 26, 2009, upon the crossed out, interlineated, and scribbled written
order that I entered at the conclusion of the hearing on August 26, 2009, and based upon
the findings of fact, conclusions of law, and discussion in the accompanying Statement of
even date in support of this Order,
IT IS HEREBY ORDERED that the Contempt Motion is GRANTED.
IT IS FURTHER ORDERED that Claude Mervine is found to be in
contempt of the automatic stay under Section 362, 11 U.S.C. §362, of the United States
Bankruptcy Code for changing the locks at Debtor's premisses at 2308 Lancaster Pike,
Shillington, Pennsylvania; and
IT IS FURTHER ORDERED that, pursuant to Section 362(k) of the
Bankruptcy Code, sanctions in the nature of attorneys' fees are awarded in the amount of
Case 09-21940-ref Doc 32 Filed 09/01/09 Entered 09/01/09 15:58:13 Desc Main
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$2,000, to be paid to Debtor's counsel within ten (10) days of this Order; and
IT IS FURTHER ORDERED that Mr. Mervine is hereby directed and
compelled immediately to provide Debtor and the Trustee with a key or keys sufficient to
permit them to enter the premises.
IT IS FURTHER ORDERED that Debtor's request for an award of punitive
damages against Mr. Mervine is DENIED.
BY THE COURT
Richard E. Fehling
United States Bankruptcy Judge
Case 09-21940-ref Doc 32 Filed 09/01/09 Entered 09/01/09 15:58:13 Desc Main
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