Legal Opinion
Sternberg v. Johnston
Court of Appeals for the Ninth Circuit
Decided October 1, 2009No. 07-16870, 08-15721PublishedCited by 7 opinions
1Opinion of the Court
CLIFTON, Circuit Judge:
The filing of a bankruptcy petition immediately gives rise to an automatic stay. The stay applies to block or freeze most judicial actions against a debtor. It also permits a debtor to recoup any “actual damages,” including attorney fees, that result from a willful stay violation. See 11 U.S.C. § 362. This case presents questions both as to when a willful stay violation occurs and as to what attorney fees may be recovered as “actual damages.”
We affirm the holding of the district court that appellant Melvin Sternberg willfully violated the automatic stay that arose once…
2Cases cited21 opinions
- Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
- In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003
- Brandt v. Superior CourtCalifornia Supreme Court · 1985
- In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
- Hillis Motors, Inc. v. Hawaii Automobile Dealers' Ass'nCourt of Appeals for the Ninth Circuit · 1993
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3Cited by7 opinions
- Sternberg v. JohnstonCourt of Appeals for the Ninth Circuit · 2010
- Kline v. Tiedemann (In Re Kline)United States Bankruptcy Court, D. New Mexico · 2010
- In re Scarborough-St. James Corp.United States Bankruptcy Court, D. Delaware · 2015
- In Re SnowdenUnited States Bankruptcy Court, W.D. Washington · 2009
- In re: Mark E. StuartUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2020
2 more not listed; retrieve them via the Exa API.