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Daily EBriefs of February 8, 2010
-Bankruptcy-
Creditor had an affirmative duty to comply with the automatic stay,
including ensuring that his actions did not prolong a violation of the stay
that resulted from a state court motion filed prior to debtors bankruptcy.
Creditor willfully violated the automatic stay where he defended an
overbroad state court order in its entirety rather than take corrective
action. Under 11 U.S.C. Sec. 362, debtor was entitled to recover as actual
damages only the attorney fees related to enforcing the automatic stay and
remedying the stay violation, not those incurred in prosecuting a subsequent
adversary proceeding in which he pursued his claim for those damages.
Sternberg v. Johnston - filed October 1, 2009, amended October 22,
2009, second amendment February 8, 2010
Cite as 07-16870
Full text http://www.metnews.com/sos.cgi?0210%2F07-16870
Date: Mon, Feb 8, 2010 at 4:20 PM
Subject: Daily EBriefs of February 8, 2010
To: "Christine Ann. Wilton"
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*Los Angeles County Bar Association daily ebriefs Monday, February 8,
2010*
*LACBA.org EBriefs
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