America's Servicing Co. v. Schwartz-Tallard (In Re Schwartz-Tallard)

I prefer the result reached by the majority, which reads 11 U.S.C. § 362(k) as if it were a typical attorneys’ fees provision that-shifts the fees incurred in bringing the damages action to a prevailing plaintiff. Because courts are familiar with this sort of fee shifting statute, such a reading makes it simpler for bankruptcy courts and district courts to apply § 362(k). But the ordinary tools of statutory interpretation compel me to conclude that this interpretation is not the best reading of the statutory text. Because bur job is to do our best to interpret the statute as Congress wrote…