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Opinion 258

Case Name: 

In re Skinner

Judge: 
U.S. District Court, Utah
Date: 
Aug-10-1988
Case Number(s): 
87A-3646
Status: 

APPEAL
Unpublished

Body: 

The bankruptcy court determined that creditor had willfully violated the automatic stay by selling debtors' previously repossessed vehicle after receiving notice of debtors' bankruptcy filing, and awarded sanctions to debtors under 11 U.S.C. § 362(h). Creditor appealed. The district court concluded that the bankruptcy court's findings, that the notice of bankruptcy was received at creditor's post office box prior to the sale and that creditor's employees did not intend to violate the stay, were not clearly erroneous. Noting that creditor could only act through its employees, and that § 362(h) requires willful and intentional violation of the stay, the district court determined that the bankruptcy court had improperly imposed sanctions under § 362(h). However, concluding that bankruptcy courts have authority, under 11 U.S.C. § 105, to impose civil contempt sanctions, the district court remanded the matter to the bankruptcy court for imposition of such sanctions, within its discretion.

Internal Ref: 
Opinion 258
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