In re Rugroden

MEMORANDUM DECISION DENYING MOTION FOR SANCTIONS AND DENYING MOTION FOR RELIEF FROM STAY, AS MOOT

This matter comes before the Court on two related motions. Debtor Maurice Eugene Rugroden (“Rugroden”), through counsel Stanley Zlotoff, has filed a Motion for Sanctions for Violation of the Automatic Stay (“Motion for Sanctions”), seeking attorney’s fees, actual damages, and punitive damages from the Internal Revenue Service (“IRS”) and Scott Harvey (“Harvey”). The IRS, which is represented by Special Assistant United States Attorney John Strate, filed a written opposition to the Motion for Sanctions as well as a separate Motion for Relief from the Automatic Stay Nunc Pro Tunc (“Motion for Relief from Stay”). Harvey, who is represented by attorney Peter Leeson, filed a written opposition to the Motion for Sanctions. The parties have also filed supplemental briefs.

The Court held non-evidentiary hearings on the Motion for Sanctions and on the Motion for Relief from Stay. The Court has had an opportunity to consider everything the parties have filed, as well as all of the arguments presented at the hearings. For the reasons set forth below, the *71 Court denies the Motion for…