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MBNA AMERICA BANK N.A. v. HILL

Docket No. 04-2086-BK.

436 F.3d 104 (2006)

MBNA AMERICA BANK, N.A., Appellant, v. Kathleen A. HILL, Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 25, 2006.

Attorney(s) appearing for the Case

Philip D. Anker, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, for Appellant.

Gary Klein, Roddy Klein & Ryan, Boston, MA, for Appellee.

Before: McLAUGHLIN, HALL, and GIBSON, Circuit Judges.

GIBSON, Circuit Judge.

MBNA America Bank, N.A. ("MBNA") appeals the district court's judgment affirming the bankruptcy court's order denying MBNA's motion to stay or dismiss an adversary proceeding brought by Kathleen Hill under 11 U.S.C. § 362(h). Hill filed the adversary proceeding against MBNA on February 7, 2002, as a putative class action on behalf of herself and others similarly situated, alleging violations of section 362(h) of the Bankruptcy Code and...

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