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IN RE PACE

No. 93-56685.

67 F.3d 187 (1995)

In re Jeri L. PACE, Debtor. John E. HAVELOCK; John R. Strachan, Appellants, v. Harold S. TAXEL, Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1995.

As Amended on Denial of Rehearing October 11, 1995.

Attorney(s) appearing for the Case

Thomas J. Yerbich, Yerbich & Associates, Anchorage, AK, for appellants.

Richard C. Norton, Estes & Hoyt, San Diego, CA, for appellee.

Before: HALL and LEAVY, Circuit Judges, and HOGAN, District Judge.

LEAVY, Circuit Judge:

Debtor's counsel appeal from an affirmance of the bankruptcy court's award of costs and attorney's fees to the trustee, arguing that the trustee is not entitled to recover his fees under either sections 105(a) or 362(h) of the Bankruptcy Code. We uphold the decision in favor of the trustee but remand for a determination of the amount of damages to be awarded under section 105(a).

FACTS AND PRIOR PROCEEDINGS1

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