Legal Opinion

Stainton v. Lee (In Re Stainton)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 20, 1992No. Bankruptcy No. 590-03304-JRG, BAP No. NC-91-1479-MePeR, Adv. No. 900261PublishedCited by 24 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

Geoffrey Paul Stainton and Cindy L. Stainton (“Debtors”) appeal from two orders 1 of the bankruptcy court which awarded them $1,495 in damages for attorneys’ fees and costs incurred as the result of the Appellees' violation of the automatic stay. We REVERSE.

II

FACTS

Geoffrey Paul Stainton (“Stainton”) operates an auto body shop in Milpitas, California, which is located on property owned by Appellees Kyung C. Lee and Anne C. Lee (“Lees”). On July 13, 1990, the Debtors filed a petition under Chapter 13 of the Bankruptcy Code (“Code”). Prior to the filing of the…

2Cases cited8 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
  3. Hallstrom v. Tillamook CountySupreme Court of the United States · 1990
  4. In Re Smith Corset Shops, Inc., Debtor. Appeal of Laurent BrodeurCourt of Appeals for the First Circuit · 1982
  5. Bankr. L. Rep. P 72,689 in Re Globe Investment and Loan Company, Inc., Debtor. Giovanni B. Magnoni v. Globe Investment and Loan Company, Inc.Court of Appeals for the Ninth Circuit · 1989

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3Cited by24 opinions

  1. Eskanos & Adler, P.C. v. Roman (In Re Roman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  2. Groner v. Miller (In Re Miller)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  3. Havelock v. Taxel (In Re Pace)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  4. In Re TimbsUnited States Bankruptcy Court, E.D. Tennessee · 1994
  5. Beard v. Walsh (In Re Walsh)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998

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