En Banc Order Came Down on December 19, 2014.
In our April 17 and August 29, 2014 posts, we discussed In re Schwartz-Tallard, 765 F.3d 1096 (9th Cir. 2014), which determined in a 2-1 opinion that a Chapter 13 bankruptcy debtor could recover attorney’s fees on appeal for successfully defending an automatic stay violation determination as “damages” under 11 U.S.C. § 362(k)(1). Because the majority and dissent varied on the application of the Court’s own prior decision in Sternberg v. Johnston, 596 F.3d 937 (9th Cir. 2010), the Ninth Circuit ordered an en banc hearing of the matter in a December 19, 2014 Order.
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