Legal Opinion · Concurrence
Havelock v. Taxel (In Re Pace)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided October 22, 1993No. BAP No. SC-92-1761-ROJe, Bankruptcy No. 88-04238-B7, Adv. No. 91-90142-B7Published
1Concurrence
JELLEN, Bankruptcy Judge,
with whom OLLASON, Bankruptcy Judge, joins as to Part I, concurring:
I
I concur with the result, but write separately because I disagree with the holding that Harold S. Taxel, trustee in bankruptcy, was an “individual” within the meaning of Bankruptcy Code section 362(h).
We know from In re Goodman, 991 F.2d 613, 619 (9th Cir.1993) that only an “individual” may recover damages pursuant to section 362(h). We also know that the damage here was suffered by the debtor’s bankruptcy estate. (Mr. Taxel in his individual capacity was not a party to the adversary proceeding and…
2Cases cited9 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- In Re David Goodman, D/B/A S.F.D. Imports, Sendo Stores, Brass Discount, Debtor. Johnston Environmental Corporation, Successor to International Packaging Corporation, Plaintiff-Appellee-Cross-Appellant v. James E. Knight John A. Knight Mary Katherine Knight, Individually, and Trustees of the Katherine McClellan Knight Revocable Trust Uta June 2, 1987, Defendants- Appellants- Cross-Appellees. In Re David Goodman, D/B/A S.F.D. Imports, Sendo Stores, Brass Discount, Debtor. Johnston Environmental Corporation, Successor to International Packaging Corporation Santa Ana Properties David Goodman v. James E. Knight John A. Knight Mary Katherine Knight, Individually, and Trustees of the Katherine McClellan Knight Revocable Trust Uta June 2, 1987Court of Appeals for the Ninth Circuit · 1993
- In Re Klaus Hubert Goerg, Debtor. Klaus Hubert Goerg v. Edgardo L. ParungaoCourt of Appeals for the Eleventh Circuit · 1988
- Parungao v. GoergSupreme Court of the United States · 1989
- In Re St. Augustine TrustUnited States Bankruptcy Court, M.D. Florida · 1990
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