Legal Opinion

Duby v. United States (In Re Duby)

Bankruptcy Appellate Panel of the First Circuit

Decided June 28, 2011No. BAP Nos. NH 10-052, NH 10-057. Bankruptcy No. 03-13502-JMD. Adversary No. 08-01160-LHKPublishedCited by 55 opinions

1Opinion of the Court

HILLMAN, U.S. Bankruptcy Appellate Panel Judge.

The plaintiff-appellant / cross-appellee, Dorothy R. Duby (the “Debtor”), and the defendant-appellee / cross-appellant, United States of America, Department of Agriculture (the “USDA”), appeal from the bankruptcy court’s final judgment and order dated July 21, 2010, awarding the Debtor $11,848.50 for attorney’s fees for a violation of the automatic stay and $3,000.00 as a sanction for a violation of the discharge injunction. The issues presented on appeal are: (1) whether the bankruptcy court erred, as a matter of law, in ruling that the Debtor…

2Cases cited44 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  3. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  4. Catlin v. United StatesSupreme Court of the United States · 1945
  5. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911

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3Cited by55 opinions

  1. America's Servicing Co. v. Schwartz-Tallard (In Re Schwartz-Tallard)Court of Appeals for the Ninth Circuit · 2015
  2. In re SeatonUnited States Bankruptcy Court, E.D. Virginia · 2011
  3. Lemieux v. America's Servicing Co. (In re Lemieux)United States Bankruptcy Court, D. Massachusetts · 2014
  4. Lopez v. Department of Treasury ex rel. Rodriguez (In re Lopez)United States Bankruptcy Court, D. Puerto Rico · 2013
  5. Skillforce, Inc. v. HaferDistrict Court, E.D. Virginia · 2014

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

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