Legal Opinion
In Re Keith v. Pinkstaff Linda L. Pinkstaff, Debtors. Keith v. Pinkstaff Linda L. Pinkstaff v. United States
Court of Appeals for the Ninth Circuit
Decided September 1, 1992No. 91-35705PublishedCited by 95 opinions
1Opinion of the Court
LEAVY, Circuit Judge:
Chapter 13 debtors Keith and Linda Pinkstaff appeal from the district court’s affirmance of the bankruptcy court’s dismissal of their claim against the United States for damages, attorney’s fees and costs under 11 U.S.C. § 362(h), arguing that the Internal Revenue Service (“IRS”) willfully violated the automatic stay in their case by filing a notice of federal income tax lien after the Pinkstaffs had filed their bankruptcy petition. We reverse and remand.
A debtor injured by a creditor’s willful violation of a stay is entitled to recover his actual damages, including costs…
2Cases cited8 opinions
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
- John Pochiro and Karen Pochiro, Husband and Wife v. The Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1987
- In Re Town & Country Home Nursing Services, Inc.Court of Appeals for the Ninth Circuit · 1992
- United States v. Bulson (In Re Bulson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003
- In re Pegasus Gold Corp.Court of Appeals for the Ninth Circuit · 2005
- Bankr. L. Rep. P 76,680 in Re Jeri L. Pace, Debtor. John E. Havelock John R. Strachan v. Harold S. Taxel, TrusteeCourt of Appeals for the Ninth Circuit · 1995
- Eskanos & Adler, P.C. v. Somkiat G. LeetienCourt of Appeals for the Ninth Circuit · 2002
- In Re Theodore R. Price and Ollie P. Price, Debtors. Theodore R. Price and Ollie P. Price v. United StatesCourt of Appeals for the Seventh Circuit · 1994
90 more not listed; retrieve them via the Exa API.