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IN RE RESWICK

BAP No. NC-10-1154-SaHKi. Bankruptcy No. 09-32489.

446 B.R. 362 (2011)

In re James Bigelow RESWICK, Jr., aka Jim Reswick, Debtor. James Bigelow Reswick, Jr., Appellant, v. Natalia U. Reswick; Stephen Benda; Vikaterina Tran; Law Offices of Stephen Benda, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 4, 2011.

Attorney(s) appearing for the Case

Cheryl Christine Rouse , Law Offices of Rouse & Bahlert, San Francisco, CA, for Appellant.

Stephen Benda , Law Offices of Stephen Benda, for Appellee.

Before: SALTZMAN, HOLLOWELL and KIRSCHER, Bankruptcy Judges.

SALTZMAN, Bankruptcy Judge.

OPINION

This appeal arises from the bankruptcy court's order denying the debtor's motion for damages for violation of the automatic stay under 11 U.S.C. § 362(k)(1).2 The debtor contended that his ex-wife's postpetition garnishment of his wages violated the stay. His ex-wife argued—and the bankruptcy court agreed—that because the case was the debtor's second case within a year, the...

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