§362(k) Stay Violation Damages in New Mexico

How 11 U.S.C. § 362(k) applies in New Mexico — federal bankruptcy law, New Mexico district data.

What §362(k) Stay Violation Damages Does

If a creditor willfully violates the automatic stay (continuing to call, attempt repossession, pursue a lawsuit, etc.) after knowing of your bankruptcy, you can recover actual damages, attorney fees, and — in appropriate cases — punitive damages. This remedy is available only to individual debtors, not corporate filers.

Key points:

New Mexico Bankruptcy Data (FJC)

5,474
Total filings
55.5%
Dismiss rate
1,592
Prior filers
32.6%
Prior discharge rate

Districts covered: D.N.M..

Apply This to Your Case

The rules above are federal — they apply identically in every state. What varies by state is exemptions (§522), median income thresholds (means test), and case-law interpretations of ambiguous terms. For a New Mexico-specific answer, check the screener or consult a local attorney.

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Related New Mexico Statutes

§362(k) Stay Violation Damages in Other States