Reswick v. Reswick (In Re Reswick)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
SALTZMAN, Bankruptcy Judge.
OPINION
This appeal arises from the bankruptcy court’s order denying the debtor’s motion for damages for violation of the automatic stay under 11 U.S.C. § 362(k)(l). 2 The debtor contended that his ex-wife’s postpe-tition garnishment of his wages violated the stay. His ex-wife argued — and the bankruptcy court agreed — that because the case was the debtor’s second case within a year, the stay fully expired 30 days after the second case was filed pursuant to section 362(c)(3)(A), and accordingly the wage garnishment did not violate the stay. For the reasons discussed…
2Cases cited32 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Dolan v. United States Postal ServiceSupreme Court of the United States · 2006
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3Cited by44 opinions
- Smith v. ME Bureau of Revenue ServicesCourt of Appeals for the First Circuit · 2018
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- In re HaleUnited States Bankruptcy Court, E.D. New York · 2015
- Sharon Rose v. Select Portfolio ServicingCourt of Appeals for the Fifth Circuit · 2019
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