Legal Opinion

America's Servicing Co. v. Schwartz-Tallard (In Re Schwartz-Tallard)

Court of Appeals for the Ninth Circuit

Decided April 16, 2014No. 12-60052PublishedCited by 5 opinions

1Opinion of the Court

OPINION

HUCK, District Judge:

The issue on appeal is whether a debtor in bankruptcy can recover, as damages, attorneys’ fees for defending against a creditor’s appeal of a finding that the creditor violated the automatic stay. The Bankruptcy Code provides that “an individual injured by any willful violation of a stay ... shall recover actual damages, including costs and attorneys’ fees.” 11 U.S.C. § 362(k)(l). We recently held that a debtor’s attorneys’ fees for work on an adversary proceeding seeking damages for a stay violation were not actual damages under § 362. Sternberg v. Johnston, 595…

2Cases cited12 opinions

Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
In Re Nancy Shao Su in Re Louis C. Su, A/K/A Chienlu Su, Debtors. Dora Carrillo v. Louis C. SuCourt of Appeals for the Ninth Circuit · 2002
Bankr. L. Rep. P 76,680 in Re Jeri L. Pace, Debtor. John E. Havelock John R. Strachan v. Harold S. Taxel, TrusteeCourt of Appeals for the Ninth Circuit · 1995
Sternberg v. JohnstonCourt of Appeals for the Ninth Circuit · 2010
Young v. RepineCourt of Appeals for the Fifth Circuit · 2008

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

America's Servicing Co. v. Schwartz-Tallard (In Re Schwartz-Tallard)Court of Appeals for the Ninth Circuit · 2014
In re: Richard Sterba and Olga SterbaUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
America's Servicing Co. v. Schwartz-Tallard (In Re Schwartz-Tallard)Court of Appeals for the Ninth Circuit · 2014
In re: Bobby Joe Wallace and Bridget Janine WallaceUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
In re: Richard Sterba and Olga SterbaUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014