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