Eskanos & Adler, P.C. v. Roman (In Re Roman)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MARLAR, Bankruptcy Judge.
INTRODUCTION
The attorneys for the creditor bank (“Appellant”) violated the automatic stay by filing a postpetition state court lawsuit against the debtor. 1 Antagonism between the attorneys in this case then fueled unnecessary litigation, resulting in an award of attorneys’ fees under § 362(h) 2 and, alternatively, sanctions under § 105(a), which could have been avoided altogether through professional courtesy and civility.
We admonish both attorneys, but nevertheless AFFIRM the bankruptcy court’s award of actual damages under § 362(h), including a $5 travel…
2Cases cited51 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
- Nancy Lee Ferland v. Conrad Credit Corp., a California Corporation Gregg A. michel,ph.d., an Individual Does 1-20, InclusiveCourt of Appeals for the Ninth Circuit · 2001
- Donna Marie Walls, on Behalf of Herself and All Others Similarly Situated v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2002
- Hedges v. Dixon CountySupreme Court of the United States · 1893
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3Cited by65 opinions
- America's Servicing Co. v. Schwartz-Tallard (In Re Schwartz-Tallard)Court of Appeals for the Ninth Circuit · 2015
- Grine v. Chambers (In Re Grine)United States Bankruptcy Court, N.D. Ohio · 2010
- Hutchings v. Ocwen Federal Bank (In Re Hutchings)United States Bankruptcy Court, N.D. Alabama · 2006
- Snowden v. Check Into Cash of Washington Inc. (In Re Snowden)Court of Appeals for the Ninth Circuit · 2014
- Ozenne v. Bendon (In Re Ozenne)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
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