IN RE DAWSON

No. 02-16903.

367 F.3d 1174 (2004)

In re George E. DAWSON and Barbara J. Dawson, Debtors. George Dawson and Barbara J. Dawson, Plaintiffs-Appellants, v. Washington Mutual Bank, F.A., successor to Great Western Bank, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted April 23, 2004.

Filed May 18, 2004.


Attorney(s) appearing for the Case

A. Charles Dell'Ario, Oakland, CA, for the plaintiffs-appellants.

William G. Malcolm, Malcolm Cisneros, Irvine, CA, for the defendant-appellee.

Before: HALL and GRABER, Circuit Judges, and WEINER, Senior District Judge.


GRABER, Circuit Judge.

The main question in this case is whether a debtor may recover damages for emotional distress under 11 U.S.C. § 362(h) when a creditor violates the automatic stay that follows from the filing of a bankruptcy petition. Analogizing to Ninth Circuit cases that interpret the phrase "actual damages" in other federal statutes, and joining the Seventh Circuit, we answer that question "no."

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs...

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