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

BE A, Circuit Judge, joined by O’SCANNLAIN, Circuit Judge, concurring in the judgment:

I concur in the majority’s conclusion that 11 U.S.C. § 362(k) has an unambiguous meaning which permits Schwartz-Tal-lard to recover the attorney’s fees she incurred in defending against ASC’s appeal. Maj. Op. at 1097-99. In my view, however, this should be the beginning and end of our analysis. I am troubled that the majority proceeds to speculate about “Congress’ plan” in enacting the automatic-stay provision of the Bankruptcy Code in reliance on King v. Burwell, — U.S. —, 135 S.Ct. 2480, 192 L.Ed.2d 483…