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STERNBERG v. JOHNSTON

Nos. 07-16870, 08-15721.

582 F.3d 1114 (2009)

Melvin STERNBERG; Sternberg & Singer, Ltd., Appellants, v. Logan T. JOHNSTON, III, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2009.

As Amended October 22, 2009.

Attorney(s) appearing for the Case

Michael W. Carmel, Phoenix, AZ, for the appellants.

Ronald J. Ellett, Phoenix, AZ, for the appellee.

Before MICHAEL DALY HAWKINS, MARSHA S. BERZON, and RICHARD R. CLIFTON, Circuit Judges.

CLIFTON, Circuit Judge:

The filing of a bankruptcy petition immediately gives rise to an automatic stay. The stay applies to block or freeze most judicial actions against a debtor. It also permits a debtor to recoup any "actual damages," including attorney fees, that result from a willful stay violation. See 11 U.S.C. § 362. This case presents questions both as to when a willful stay violation occurs and as to what attorney fees may be recovered as "actual...

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