From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Section 362(k)(1) damages include attorney fees for prosecuting and defending damage action on appeal. The Eleventh Circuit concluded that under §362(k)(1)’s broad provision for recovery of “actual damages, including costs and attorneys’ fees,” nothing in the statute limited the scope of attorneys’ fees solely to ending the stay violation. Agreeing with In re Schwartz-Tallard, 803 F.3d 1095 (9th Cir. 2015), enbanc, the Circuit panel held that fees incurred in prosecuting damages for a stay violationand in defending that . . .

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