Debtor Can Obtain Fee Recovery For Successfully Prosecuting Suit For Damages For Automatic Stay Violation.
In earlier posts of April 17, 2014, August 29, 2015, and December 22, 2014, we posted on In re Schwartz-Tallard, where the Ninth Circuit determined that 11 U.S.C. § 362(k) authorized attorney’s fees recovery from debtor’s prosecution of a suit for damages redressing the violation of the bankruptcy automatic stay. We can now report that the Ninth Circuit has adhered to this ruling in an en banc decision published on October 14, 2015, linked here.
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