IN RE RAFTER SEVEN RANCHES L.P.

BAP Nos. KS-08-070, KS-08-071. Bankruptcy No. 05-40483.

414 B.R. 722 (2009)

In re RAFTER SEVEN RANCHES L.P., Debtor. Rafter Seven Ranches L.P., Appellant, v. WNL Investments L.L.C. and Duane Koster, Appellees. In re Rafter Seven Ranches L.P., Debtor. Rafter Seven Ranches L.P., Appellant, v. WNL Investments, L.L.C. and Duane Koster, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

September 17, 2009.


Attorney(s) appearing for the Case

William E. Metcalf, Topeka, KS, for Appellant.

Timothy H. Girard, Woner, Glenn, Reeder, Girard & Riordan, P.A., Topeka, KS, for Appellee WNL Investments, L.L.C.

Robert L. Baer, Cosgrove, Webb and Oman, Topeka, KS, for Appellee Duane Koster.

Before BROWN, THURMAN, and ROMERO, Bankruptcy Judges.


BROWN, Bankruptcy Judge.

Debtor-Appellant, Rafter Seven Ranches L.P. ("Debtor") appeals two orders of the bankruptcy court. First, Debtor appeals the court's refusal to award Debtor damages for alleged violations of the automatic stay by Appellees WNL Investment, L.L.C. ("WNL") and Duane Koster ("Koster"). For the reasons set forth below, we affirm the bankruptcy court's ruling that Debtor is not entitled to damages under either 11 U.S.C. § 362 or § 105...

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