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Schwartz-Tallard v. Americas Servicing Co. (In re Schwartz-Tallard)

Schwartz-Tallard v. Americas Servicing Co. (In re Schwartz-Tallard)

Ruling
Debtor entitled to attorneys' fees incurred defending appeal of stay violation order.
Procedural posture

Appellant debtor sought review of an order of the United States Bankruptcy Court for the District of Nevada that denied her motion for attorney fees and costs from defending a prior appeal of a stay violation order that was raised by appellee creditor. Debtor asserted damages should be awarded under either 11 U.S.C.S. § 362(k)(1), 11 U.S.C.S. § 105(a), Fed. R. Bankr. P. 9011.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 28, 2012 , LexisNexis #0812-041