Huonder v. Champion Milking Systems, No. 16-6011 (8th Cir. 2016)
Annotate this CaseDebtors argue that the bankruptcy court erred in not awarding them all the attorney fees they incurred in their adversary proceeding against Champion for its violation of the discharge injunction. Debtors also argue that the bankruptcy court erred in not awarding them punitive damages for Champion's violation of the discharge injunction. The BAP concluded that both arguments failed for the same reason. In this case, the record on appeal affords the panel no basis for evaluating their merits. Therefore, the BAP is unable to review the bankruptcy court's findings of fact or its conclusions of law, and cannot say, without the transcript, that the bankruptcy court abused its discretion in reaching the decision it did. Accordingly, the BAP affirmed the judgment.
Court Description: Nail, Author, with Schermer and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. Debtors did not provide a transcript of the sanctions proceedings, and the Panel cannot say, without the transcript, that the Bankruptcy Court abused its discretion in not awarding debtors all of the attorneys' fees they sought or in denying their request for punitive damages. [ September 28, 2016
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