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MATTER OF U.S. ABATEMENT CORP.

No. 93-3582.

39 F.3d 563 (1994)

In the Matter of UNITED STATES ABATEMENT CORPORATION, a/k/a U.S.A. Corp., Debtor. UNITED STATES ABATEMENT CORP., a/k/a U.S.A. Corp., Appellant, v. MOBIL EXPLORATION & PRODUCING U.S., INC., agent Mobil Oil Exploration & Producing Southeast, Inc., and Mobil Exploration & Producing North America, Inc., Appellees.

United States Court of Appeals, Fifth Circuit.

November 23, 1994.

Attorney(s) appearing for the Case

Richard W. Martinez, Tranchina & Martinez, New Orleans, LA, for appellant.

Sherman Gene Fendler, James D. McMichael, Liskow & Lewis, New Orleans, LA, for appellees.

Before KING, JOLLY, and STEWART, Circuit Judges.

KING, Circuit Judge:

This appeal involves essentially two questions: (1) whether the bankruptcy court had subject matter jurisdiction to vacate an order of contempt issued by that court against a creditor after the creditor had filed a notice of appeal of that order; and (2) whether the district court erred in holding that a corporate debtor is not entitled to recover sanctions under 11 U.S.C. § 362(h) against a creditor who willfully violates the automatic stay...

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