- 11 U.S.C.
Johnson v. Smith (In re Johnson)
Aug
05
2009
Ruling
Damages for stay violation were proper and enforceable even after dismissal of underlying case.
Procedural posture
Chapter 13 debtors obtained damages under 11 U.S.C.S. § 362(k)(1) for violation of the automatic stay by appellants, a business and an officer. While that decision was pending appeal, the Chapter 13 case was dismissed. On remand of the adversary action, appellants argued that the dismissal divested the court of its § 362 jurisdiction. The bankruptcy court and the Tenth Circuit Bankruptcy Appellate Panel (BAP) disagreed. An appeal followed.
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Court
:
Judge or Jurisdiction information not available