Legal Opinion
Johnson v. Smith
Court of Appeals for the Tenth Circuit
Decided August 5, 2009No. 08-8052PublishedCited by 72 opinions
1Opinion of the Court
HARTZ, Circuit Judge.
After Keith Smith and M & M Auto Outlet-Wyoming (collectively, “M & M”) willfully violated the automatic stay in Tommy 1 and Candice Johnson’s Chapter 13 case, the Johnsons successfully sought damages under 11 U.S.C. § 362(k)(l) 2 in a bankruptcy-court adversary proceeding. M & M appealed to the Tenth Circuit Bankruptcy Appellate Panel (BAP) and this court. While those appeals were pending, the bankruptcy court dismissed the Chapter 13 case. When the adversary proceeding ultimately was remanded by this court to the bankruptcy court for reconsideration of the amount of…
2Cases cited22 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- In Re Billie Lamont Gardner, Debtor. Terryl A. Gardner v. United States of America, and William H. Zimmerman, Jr., TrusteeCourt of Appeals for the Tenth Circuit · 1990
- Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- In Re Erwin A. Porges, Also Known as E. Allen Porges, Debtor. Erwin A. Porges, Also Known as E. Allen Porges v. Gruntal & Company, IncorporatedCourt of Appeals for the Second Circuit · 1995
17 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Johnson v. Riebesell (In Re Riebesell)Court of Appeals for the Tenth Circuit · 2009
- Farmer Ex Rel. Estate of Farmer v. Banco Popular of North AmericaCourt of Appeals for the Tenth Circuit · 2015
- City of Chicago v. Timothy ShannonCourt of Appeals for the Seventh Circuit · 2019
- Lee v. McCardleCourt of Appeals for the Tenth Circuit · 2018
- Chizzali v. Gindi (In Re Gindi)Court of Appeals for the Tenth Circuit · 2011
67 more not listed; retrieve them via the Exa API.