Legal Opinion
Mary Beth Mantiply v. Patricia Nelson Horne
Court of Appeals for the Eleventh Circuit
Decided December 5, 2017No. 16-16789PublishedCited by 25 opinions
1Opinion of the Court
MAY, District Judge:
Mary Mantiply appeals the district court’s order awarding Richard and Patricia Horne 1 the attorneys’ fees and costs that they incurred because of her unsuccessful appeal of the damages award to the Hornes for her violation of the Bankruptcy Code’s automatic stay provision. This case involves an issue of first impression in this Circuit: whether the Bankruptcy Code authorizes payment of attorneys’ fees and costs incurred by debtors in successfully pursuing an action for damages resulting from the violation of the automatic stay and in defending the damages award on appeal.…
2Cases cited23 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- United States v. MenascheSupreme Court of the United States · 1955
18 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- In re HarrisonUnited States Bankruptcy Court, N.D. Florida · 2019
- Brodgen v. Holmes Motors Inc. (In re Brodgen)United States Bankruptcy Court, M.D. Alabama · 2018
- In re StringerUnited States Bankruptcy Court, S.D. Ohio · 2018
- Angela Yvonne HolyfieldUnited States Bankruptcy Court, N.D. Georgia · 2019
- California Coast University v. AlecknaDistrict Court, M.D. Pennsylvania · 2019
20 more not listed; retrieve them via the Exa API.