Legal Opinion

Lawrence Athletic Club v. Scroggin (In Re Scroggin)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided March 16, 2007No. BAP No. KS-05-127, Bankruptcy No. 04-24305-13PublishedCited by 18 opinions

1Opinion of the Court

CORNISH, Bankruptcy Judge.

Creditor Lawrence Athletic Club (“LAC”) appeals a judgment of the United States Bankruptcy Court for the District of Kansas entered in favor of Tara Bushaw Scroggin (“Debtor”) for damages and sanctions resulting from LAC’s willful violation of the automatic stay. Debtor filed a motion to dismiss the appeal as moot which is also before this Court. For the following reasons, we determine that: 1) the appeal is not moot, so we must address the merits of the case; and 2) based on the merits, the judgment of the bankruptcy court should be affirmed.

I. BACKGROUND FACTS

LAC 2…

2Cases cited19 opinions

  1. Powell v. McCormackSupreme Court of the United States · 1969
  2. Catlin v. United StatesSupreme Court of the United States · 1945
  3. Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
  4. Salve Regina College v. RussellSupreme Court of the United States · 1991
  5. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996

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3Cited by18 opinions

  1. Wohleber v. Skurko (In re Wohleber)Bankruptcy Appellate Panel of the Sixth Circuit · 2019
  2. Gordon Properties, LLC v. First Owners Ass'n (In Re Gordon Properties, LLC)United States Bankruptcy Court, E.D. Virginia · 2011
  3. Kline v. Deutsche Bank National Trust Co. (In re Kline)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
  4. Kline v. Tiedemann (In Re Kline)United States Bankruptcy Court, D. New Mexico · 2010
  5. In Re RussellUnited States Bankruptcy Court, N.D. Ohio · 2010

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