United States Ninth Circuit

District court's affirmance of the bankruptcy court's judgment awarding a chapter 7 debtor damage and attorneys' fees is: 1) affirmed in part as to the decision of the bankruptcy court awarding emotional distress damages and punitive damages; and 2) reversed and remanded as to the award of attorneys' fees, where under Sternberg v. Johnston, attorneys' fees under section 362(k) are limited to fees relating to enforcing the automatic stay and remedying the stay violation, not the fees incurred by the debtor in prosecuting the bankruptcy adversary proceeding seeking damages for the stay violation.

Appellate Information

• Decided 09/12/2014
• Published 09/12/2014

Judges

• McKeown

Court

• United States Ninth Circuit

Counsel