Associated Credit Services, Inc. v. Campion (In Re Campion)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
This is the case of the willful computer. The bankruptcy court awarded fees and costs of $6,735 for willful violation of the automatic stay by a creditor who, knowing that “Michael P. Campion” was a debtor in a bankruptcy case, garnished his wages because its computer failed to recognize that “Michael P. Campion” of Spokane, Washington, and “Mike P. Campion” of Spokane, Washington, might be the same individual.
Holding that a creditor is liable under 11 U.S.C. § 362(h) for stay violations attributable to its computer, we AFFIRM.
FACTS
Appellee Michael P. Campion,…
2Cases cited9 opinions
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Marek v. ChesnySupreme Court of the United States · 1985
- Patricia A. Brooks v. City of San Mateo, a Municipal Order and Corporation San Mateo Police Department John Stangl, Chief of Police Steven SelvaggioCourt of Appeals for the Ninth Circuit · 2000
- Eskanos & Adler, P.C. v. Somkiat G. LeetienCourt of Appeals for the Ninth Circuit · 2002
- In Re David Goodman, D/B/A S.F.D. Imports, Sendo Stores, Brass Discount, Debtor. Johnston Environmental Corporation, Successor to International Packaging Corporation, Plaintiff-Appellee-Cross-Appellant v. James E. Knight John A. Knight Mary Katherine Knight, Individually, and Trustees of the Katherine McClellan Knight Revocable Trust Uta June 2, 1987, Defendants- Appellants- Cross-Appellees. In Re David Goodman, D/B/A S.F.D. Imports, Sendo Stores, Brass Discount, Debtor. Johnston Environmental Corporation, Successor to International Packaging Corporation Santa Ana Properties David Goodman v. James E. Knight John A. Knight Mary Katherine Knight, Individually, and Trustees of the Katherine McClellan Knight Revocable Trust Uta June 2, 1987Court of Appeals for the Ninth Circuit · 1993
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