Legal Opinion

McHenry v. Key Bank (In Re McHenry)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 22, 1995No. BAP No. WW-94-1291-HMeO. Bankruptcy No. 93-07927PublishedCited by 46 opinions

1Opinion of the Court

OPINION

HAGAN, Bankruptcy Judge:

Appellants, chapter 7 debtors, appeal the bankruptcy court’s rejection of their application for an award of attorney’s fees and damages based on the Appellee’s alleged violation of the section 362 automatic stay. For the reasons expressed in this memorandum, we affirm the bankruptcy judge’s ruling.

FACTS AND PROCEEDINGS BELOW

Debtors, Gregory Alan McHenry and Michele Lee McHenry (“Appellants”) filed their chapter 7 petition on October 5, 1993. Key Bank (“Appellee”) was listed in their schedules as a secured creditor holding an interest in Appellants’ 1985 Pontiac…

2Cases cited6 opinions

  1. In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
  2. In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989
  3. In Re Keith v. Pinkstaff Linda L. Pinkstaff, Debtors. Keith v. Pinkstaff Linda L. Pinkstaff v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  4. Franchise Tax Board v. Roberts (In Re Roberts)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  5. Bunch v. NCNB South Carolina (In Re Bunch)United States Bankruptcy Court, D. South Carolina · 1990

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

3Cited by46 opinions

  1. Eskanos & Adler, P.C. v. Somkiat G. LeetienCourt of Appeals for the Ninth Circuit · 2002
  2. Clayton v. King (In Re Clayton)United States Bankruptcy Court, M.D. North Carolina · 1998
  3. Diviney v. Nationsbank of Texas (In Re Diviney)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
  4. Eskanos & Adler, P.C. v. Roman (In Re Roman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  5. Fernandez v. GE Capital Mortgage Services, Inc. (In Re Fernandez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998

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

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