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IN RE JOHNSON

No. 08-8052.

575 F.3d 1079 (2009)

In re Tommy Dean JOHNSON; Candice Ann Johnson, Debtors. Tommy Dean Johnson; Candice Ann Johnson, Plaintiffs-Appellees, v. Keith Smith, individually and as Vice President of M & M Auto Outlet — Wyoming, Inc.; M & M Auto Outlet — Wyoming, Inc., a Wyoming corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 5, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs:* Stephen R. Winship, Winship & Winship, P.C., Casper, Wyoming for Appellants.

Before TACHA, MURPHY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

After Keith Smith and M & M Auto Outlet-Wyoming (collectively, "M & M") willfully violated the automatic stay in Tommy1 and Candice Johnson's Chapter 13 case, the Johnsons successfully sought damages under 11 U.S.C. § 362(k)(1)2 in a bankruptcy-court adversary proceeding. M & M appealed to the Tenth Circuit Bankruptcy Appellate Panel (BAP) and this court. While those appeals...

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