Legal Opinion

Ozenne v. Bendon (In Re Ozenne)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 17, 2006No. BAP No. CC-04-1456-BMoH. Bankruptcy No. RS 04-18301-MJPublishedCited by 28 opinions

1Opinion of the Court

OPINION

BRANDT, Bankruptcy Judge.

Gary Ozenne filed a chapter 7 2 petition to forestall the scheduled sale of the contents of a mini-storage unit for delinquent rent, and advised the storage operator. The operator nevertheless sold his personal property at an auction the next day. Ozenne moved for sanctions for violation of the stay. The bankruptcy court denied that motion, concluding that because state law was unclear, the stay violation was not willful. Debtor appealed.

As the bankruptcy court applied an incorrect legal standard in reaching its conclusion, we REVERSE and REMAND.

I. FACTS

In…

2Cases cited27 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  4. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  5. In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989

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3Cited by28 opinions

  1. Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  2. Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  3. In Re NixonUnited States Bankruptcy Court, E.D. Pennsylvania · 2009
  4. Theokary v. Abbatiello (In Re Theokary)United States Bankruptcy Court, E.D. Pennsylvania · 2011
  5. Copeland v. Kandi (In Re Copeland)United States Bankruptcy Court, W.D. Washington · 2010

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

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