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IN RE DIVINEY

BAP No. NO-97-070, Bankruptcy No. 96-04770, Adversary No. 97-0040.

225 B.R. 762 (1998)

In re Clifford Dale DIVINEY and Apryl Alyse Diviney, Debtors. Clifford Dale DIVINEY and Apryl Alyse Diviney, Plaintiffs-Appellees, v. NATIONSBANK OF TEXAS, N.A., Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

October 16, 1998.

Attorney(s) appearing for the Case

John B. Heatly, Fellers, Snider, Blakenship, Bailey & Tippens, Oklahoma City, OK, for Defendant-Appellant.

Mark A. Craige, Morrel, West, Saffa, Craige & Hicks, Inc., Tulsa, OK, for Plaintiffs-Appellees.

Before McFEELEY, Chief Judge, PUSATERI, and BOULDEN, Bankruptcy Judges.

OPINION

PUSATERI, Bankruptcy Judge.

Creditor NationsBank of Texas, N.A. ("the Bank"), appeals from an order entered pursuant to 11 U.S.C. § 362(h) that found it had willfully violated the automatic stay and awarded the debtors actual damages of $2,850, attorney fees of $15,000, and punitive damages of $40,000. For the reasons set forth below, we AFFIRM the order of the bankruptcy court.

I. Background.

Debtor Apryl Diviney...

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