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IN RE SCHWARTZ-TALLARD

No. 12-60052.

803 F.3d 1095 (2015)

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 October 14, 2015.

Attorney(s) appearing for the Case

Andrew Jacobs (argued), Snell & Wilmer, Tucson, AR; Kelly H. Dove, Snell & Wilmer, Las Vegas, NV, for Appellant.

Christopher P. Burke (argued), Law Office of Christopher P. Burke, Las Vegas, NV, for Appellee.

Daniel L. Geyser (argued), Stris & Maher LLP, Los Angeles, CA; Tara Twomey, National Association of Consumer Bankruptcy Attorneys, San Jose, CA, for Amicus Curiae National Association of Consumer Bankruptcy Attorneys.

Opinion by Judge WATFORD; Concurrence by Judge BEA; Dissent by Judge IKUTA.

OPINION

When a debtor files for bankruptcy, the Bankruptcy Code imposes an automatic stay on virtually all actions against the debtor to collect pre-petition debts. 11 U.S.C. § 362(a). To deter violations of the automatic stay and to provide redress for those that do occur, the Code permits injured debtors...

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