Legal Opinion
America's Servicing Co. v. Schwartz-Tallard (In Re Schwartz-Tallard)
Court of Appeals for the Ninth Circuit
Decided October 14, 2015No. 12-60052PublishedCited by 59 opinions
1Opinion of the Court
Opinion by Judge WATFORD; Concurrence by Judge BEA; Dissent by Judge IKUTA.
OPINION
WATFORD, Circuit Judge:
When a debtor files for bankruptcy, the Bankruptcy Code imposes an automatic stay on virtually all actions against the debtor to collect pre-petition debts. 11 U.S.C. § 362(a). To deter violations of the automatic stay and to provide redress for those that do occur, the Code permits injured debtors to sue for “actual damages, including costs and attorneys’ fees.” § 362(k). With one exception, courts have uniformly held that this provision authorizes an award of all attorney’s fees…
2Cases cited15 opinions
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- King v. BurwellSupreme Court of the United States · 2015
- Baker Botts L.L.P. v. ASARCO LLCSupreme Court of the United States · 2015
- In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
- Summit Valley Industries, Inc. v. Local 112, United Brotherhood of CarpentersSupreme Court of the United States · 1982
10 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Freddy Burton v. Infinity Capital ManagementCourt of Appeals for the Ninth Circuit · 2014
- Timothy Blixseth v. Yellowstone Mountain Club, LLCCourt of Appeals for the Ninth Circuit · 2017
- Mary Beth Mantiply v. Patricia Nelson HorneCourt of Appeals for the Eleventh Circuit · 2017
- Sundquist v. Bank of America, N.A. (In re Sundquist)United States Bankruptcy Court, E.D. California · 2017
- Mitchell v. Anderson (In re Mitchell)United States Bankruptcy Court, N.D. Ohio · 2016
54 more not listed; retrieve them via the Exa API.