In re: Snowden, No. 13-35291 (9th Cir. 2014)
Annotate this CaseThis appeal stemmed from debtor's listing of a $575 payday loan from CIC. Debtor filed a motion for sanctions in the Bankruptcy Court, alleging that CIC willfully violated the automatic stay provision of the bankruptcy code, 11 U.S.C. 362, and seeking a return of the funds and overdraft fees, emotional distress and punitive damages, and attorneys' fees. On appeal, CIC challenged the district court's emotional distress and punitive damages awards, and debtor cross-appealed the attorneys' fees and sanctions rulings. The court concluded that the district court did not err in confirming the emotional distress award where debtor suffered significant and emotional distress as a result of CIC's actions in cashing the check and in continuing to call her post-petition. The award of punitive damages was not an abuse of discretion where the bankruptcy court reasonably concluded that CIC demonstrated reckless and callous disregard for the law. The court held that a bankruptcy petitioner, such as debtor, could collect attorneys' fees incurred litigating the violation of an automatic stay after the violator sends an e-mail conditionally offering partial reimbursement under section 362(k)(1) where the bankruptcy laws do not permit a stay violator to undermine the remedies available under section 362(k) by forcing a bankruptcy petitioner to accept a conditional offer in lieu of pursuing fair compensation and attorney's fees. Finally, the district court did not abuse its discretion in denying sanctions under its inherent authority when it declined to find that CIC acted in bad faith.
Court Description: Bankruptcy. The panel affirmed in part and reversed in part the district court’s affirmance of the bankruptcy court’s judgment awarding a chapter 7 debtor damages and attorneys’ fees for a creditor’s willful violation of the automatic stay under 11 U.S.C. § 362(k)(1). The panel affirmed the district court’s affirmance of the decisions of the bankruptcy court on emotional distress and punitive damages. The panel held that the emotional distress damages award was proper because the debtor suffered significant emotional harm, clearly established the significant harm, and demonstrated a causal connection between that significant harm and the violation of the automatic stay. The panel concluded that the bankruptcy court applied the correct legal standard for awarding punitive damages by considering whether the creditor recklessly or callously disregarded the law or rights of others. In addition, the award of punitive damages was not an abuse of discretion. The panel reversed the district court’s order affirming the bankruptcy court’s award of attorneys’ fees. The panel stated that under Sternberg v. Johnston, 595 F.3d 937 (9th Cir. 2010), attorneys’ fees under § 362(k) are limited to fees relating to enforcing the automatic stay and remedying the stay violation, not the fees incurred by the debtor in prosecuting the bankruptcy adversary proceeding seeking damages for the stay violation. The panel concluded that here, the stay violation did not end when the creditor sent an e-mail conditionally offering partial reimbursement; accordingly, the debtor was entitled to fees incurred in remedying the stay violation after receiving the e-mail, and the stay violation ended when the bankruptcy court found a violation of the automatic stay. The panel remanded for a recalculation of attorneys’ fees. The panel affirmed the district court’s affirmance of the bankruptcy court’s denial of sanctions. Concurring, Judge Watford agreed that the attorneys’ fees award must be vacated. He wrote that Sternberg construed § 362(k)(1)’s authorization of fee awards more narrowly than Congress likely intended. Judge Watford agreed with the Fifth Circuit that § 362(k)(1) allows a plaintiff to recover attorneys’ fees incurring both in remedying a violation of the automatic stay and in bringing an action to recover the “actual damages” caused by that violation.
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