Case Name:
In re Dunyon
Judge:
U.S. District Court, Utah
Date:
Dec-30-1988
Case Number(s):
87B-4887
Status:
APPEAL
Unpublished
See 251.pdf
Body:
The bankruptcy court imposed sanctions under 11 U.S.C. § 362(h) against creditor and its counsel for violating the bankruptcy automatic stay. On appeal, the district court concluded that the bankruptcy court's findings, to the effect that appellants had violated the stay by re-filing state court claims against debtor and debtor's companies, were not clearly erroneous. The district court noted, however, that not all of the fees awarded as sanctions were a direct, foreseeable consequence of appellants' actions. The matter was remanded to the bankruptcy court for recalculation of the sanctions amount.
Internal Ref:
Opinion 274
File: