Legal Opinion
Reinert & Duree v. David S. Sosne
Court of Appeals for the Eighth Circuit
Decided March 13, 1997No. 96-2078PublishedCited by 1 opinion
1Opinion of the Court
LOKEN, Circuit Judge.
Appellants are judgment creditors of a Chapter 7 bankruptcy debtor, Just Brakes Corporate Systems, Inc. (“Just Brakes” or “debtor”). They appeal an order awarding Trustee David A. Sosne $100,717 in damages for appellants’ willful-violation of the automatic stay. See 11 U.S.C. § 362. We agree that appellants violated the automatic stay but conclude that the damage award was- an improper remedy and therefore reverse.
I. Background.
In 1988, appellants obtained a state court judgment against Just Brakes for $104,-583.33. In January 1991, Just Brakes assigned its only valuable…
2Cases cited15 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Shillitani v. United StatesSupreme Court of the United States · 1966
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- In Re Chateaugay Corporation, Reomar, Incorporated, the Ltv Corporation, Debtors. Maritime Asbestosis Legal Clinic v. Ltv Steel Company, Inc.Court of Appeals for the Second Circuit · 1990
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3Cited by1 opinion
- In Re Just Brakes Corporate Systems, Inc.Court of Appeals for the Eighth Circuit · 1997