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IN RE SCHWARTZ-TALLARD

No. 12-60052.

751 F.3d 966 (2014)

In re Irene Michelle SCHWARTZ-TALLARD, Debtor, America's Servicing Company, Appellant, v. Irene Michelle Schwartz-Tallard, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2014.

Attorney(s) appearing for the Case

Andrew Martin Jacobs (argued), Snell & Wilmer L.L.P., Tucson, Arizona; Kelly Harrison Dove , Snell & Wilmer L.L.P., Las Vegas, Nevada, for Appellant.

Christopher P. Burke (argued), Chris P. Burke & Associates, Las Vegas, Nevada, for Appellee.

Before: J. CLIFFORD WALLACE and RONALD M. GOULD, Circuit Judges, and PAUL C. HUCK, Senior District Judge.

OPINION

HUCK, District Judge:

The issue on appeal is whether a debtor in bankruptcy can recover, as damages, attorneys' fees for defending against a creditor's appeal of a finding that the creditor violated the automatic stay. The Bankruptcy Code provides that "an individual injured by any willful violation of a stay ... shall recover actual damages, including costs and attorneys' fees." 11 U.S.C. § 362(k)(1). We recently held that a debtor's attorneys...

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