Legal Opinion
Diviney v. Nationsbank of Texas (In Re Diviney)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided October 16, 1998No. BAP No. NO-97-070, Bankruptcy No. 96-04770, Adversary No. 97-0040PublishedCited by 79 opinions
1Opinion of the Court
OPINION
PUSATERI, Bankruptcy Judge.
Creditor NationsBank of Texas, N.A. (“the Bank”), appeals from an order entered pursuant to 11 U.S.C. § 362(h) that found it had willfully violated the automatic stay and awarded the debtors actual damages of $2,850, attorney fees of $15,000, and punitive damages of $40,000. For the reasons set forth below, we AFFIRM the order of the bankruptcy court.
I. Background.
Debtor Apryl Diviney purchased a 1988 Ford Tempo (“the Car”) in August 1988. The Bank financed the purchase under the terms of a retail installment contract that provided for repayment of the debt…
2Cases cited42 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972
37 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- Heghmann v. Indorf (In Re Heghmann)Bankruptcy Appellate Panel of the First Circuit · 2004
- In Re RobinsonUnited States Bankruptcy Court, E.D. New York · 1998
- Johnson v. Smith (In Re Johnson)Court of Appeals for the Tenth Circuit · 2007
- In Re OcasioBankruptcy Appellate Panel of the First Circuit · 2002
74 more not listed; retrieve them via the Exa API.