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United States Ninth Circuit


In re Schwartz-Tallard, 12-60052

In a bankruptcy action raising the question of attorney's fees arising from debtor actions for damages when creditors violate the automatic stay on proceedings relating to pre-petition debts, as provided for in 11 U.S.C. section 362(k), the court reversed its holding in Sternberg v. Johnston, 595 F.3d 937 (9th Cir. 2010), and held that attorney's fees are available for prosecuting an action for damages under the statute.

Appellate Information

  • Decided 10/14/2015
  • Published 10/14/2015

Judges

  • WATFORD

Court

  • United States Ninth Circuit

Counsel

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