Legal Opinion

Snowden v. Check Into Cash of Washington Inc. (In Re Snowden)

Court of Appeals for the Ninth Circuit

Decided September 12, 2014No. 13-35291, 13-35322PublishedCited by 29 opinions

1Opinion of the Court

Opinion by Judge McKEOWN; Concurrence by Judge WATFORD.

OPINION

McKEOWN, Circuit Judge:

This is the story of how a bankruptcy filing listing a $575 payday loan snowballed into a violation of the automatic stay, and protracted litigation, which left a stressed borrower with attorneys’ fees and emotional distress. When the automatic stay that accompanies a bankruptcy filing is violated, the bankruptcy petitioner is entitled to recover damages and attorneys’ fees. 11 U.S.C. § 362(k)(l). The issue we consider is whether a bankruptcy petitioner can collect attorneys’ fees incurred litigating the…

2Cases cited14 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  3. David M. Fink v. James H. Gomez, Director, Diana Carloni NourseCourt of Appeals for the Ninth Circuit · 2001
  4. 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
  5. In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989

9 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Garth F. Lansaw v.Court of Appeals for the Third Circuit · 2017
  2. In re: Christopher Michael Marino and Valerie Margaret MarinoUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  3. Sundquist v. Bank of America, N.A. (In re Sundquist)United States Bankruptcy Court, E.D. California · 2017
  4. Ojiegbe v. Walter (In re Ojiegbe)United States Bankruptcy Court, D. Maryland · 2015
  5. In re BreulUnited States Bankruptcy Court, C.D. California · 2015

24 more not listed; retrieve them via the Exa API.

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