Legal Opinion

In Re Perrin

Bankruptcy Appellate Panel of the Sixth Circuit

Decided January 23, 2007No. 06-8032PublishedCited by 12 opinions

1Opinion of the Court

OPINION

LATTA, Bankruptcy Judge.

Kenneth Dwayne Perrin and Tammy Lynn Perrin (“Debtors”) appeal an order of the bankruptcy court finding a willful violation of the automatic stay, but awarding no damages to the Debtors.

I.ISSUES ON APPEAL

The issues raised by this appeal are: (1) whether an award of damages is mandated by section 362(h) even when the debtor fails to prove actual damages; and (2) whether the bankruptcy court erred in permitting a pro se creditor to call the Debtors’ counsel to testify.

II.JURISDICTION AND STANDARD OF REVIEW

The Bankruptcy Appellate Panel of the Sixth Circuit (the…

2Cases cited6 opinions

  1. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  2. David ARCHER, Plaintiff-Appellee, v. MACOMB COUNTY BANK, Defendant-AppellantCourt of Appeals for the Sixth Circuit · 1988
  3. Heghmann v. Indorf (In Re Heghmann)Bankruptcy Appellate Panel of the First Circuit · 2004
  4. In Re Eagle-Picher Industries, Inc.Court of Appeals for the Sixth Circuit · 1992
  5. Harshbarger v. Pees (In re Harshbarger)Court of Appeals for the Sixth Circuit · 1995

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

3Cited by12 opinions

  1. Buckeye Check Cashing, Inc. v. Meadows (In Re Meadows)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
  2. Collier v. Hill (In Re Collier)United States Bankruptcy Court, E.D. Texas · 2009
  3. In re Dougherty-KelsayUnited States Bankruptcy Court, E.D. Kentucky · 2019
  4. In re ShrumUnited States Bankruptcy Court, E.D. Michigan · 2019
  5. In re MocellaUnited States Bankruptcy Court, N.D. Ohio · 2016

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

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