In re Webb, 472 B.R. 665, ___ (B.A.P. 6th Cir. 2012) (Emerson, Fulton, Preston)

Section 362(k) awards attorney fees as actual damages when creditor foreclosed with knowledge of the Chapter 13 case; citing Metz v. Unizan Bank, 655 F.3d 485 (6th Cir. Aug. 24, 2011) (Martin, Norris, Siler), bankruptcy court need not conduct a full evidentiary hearing to impose sanctions for violation of the stay when undisputed facts establish violation and amount of attorney fees is not disputed. “[T]he court is required by § 362(k)(1) to impose sanctions in an amount equal to the Debtor’s actual damages. When attorney’s fees are requested as part of an actual damages award, a court must determine whether the fees are reasonable and whether they were proximately caused by the violation of the stay. Debtors are also under a duty to mitigate their damages . . . . [T]he Appellants never objected to the amount of these fees. . . . ‘In this circuit, there is no requirement that a full evidentiary hearing be held before imposing sanctions. What is required is that an attorney receive fair notice and an opportunity for a hearing on the record.’”

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