In an adversary proceeding in bankruptcy court for violation of an automatic stay, judgment for defendant is affirmed in part where plaintiff violated his duty to ensure that his actions did not prolong a violation of the stay that resulted from a state court motion seeking relief against defendant that plaintiff filed prior to the bankruptcy. However, the damages award entered by the district court is vacated where defendant could recover as actual damages only those attorney's fees related to enforcing the automatic stay and remedying the stay violation, not the fees incurred in prosecuting the bankruptcy adversary proceeding in which he pursued his claim for those damages.
Argued and Submitted March 6, 2009
Filed October 1, 2009
Opinion by Judge Clifton
Michael W. Carmel, Phoenix, AZ
Ronald J. Ellett, Phoenix, AZ