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IN RE CHESNUT

No. 04-10919.

422 F.3d 298 (2005)

In the Matter of Vance Cole CHESNUT, Debtor. Mark T. Brown, Templeton Mortgage Corp., Appellees, v. Vance Cole Chesnut, Appellant.

United States Court of Appeals, Fifth Circuit.

Revised October 17, 2005.

Attorney(s) appearing for the Case

Dennis O. Olson (argued), Olson, Nicoud & Gueck, Dallas, TX, for Appellees.

James M. Morrison (argued), Jim Morrison & Associates, Fort Worth, TX, for Appellant.

Before HIGGINBOTHAM, WIENER, and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

The Bankruptcy Code's automatic stay is designed to ensure the orderly distribution of assets by temporarily protecting the property of the debtor's estate from the reach of creditors. A willful violation of the stay occurs when a creditor, with knowledge of the stay, seizes the debtor's property without first obtaining relief from the stay from the bankruptcy court. Here, we face the question whether the creditor violates the stay...

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