In Re M. Stephen Minix, Debtor.m. Stephen Minix, Plaintiff-appellant, v. Sherry Minix; et al., Defendants-appellees, 98 F.3d 1342 (6th Cir. 1996)

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US Court of Appeals for the Sixth Circuit - 98 F.3d 1342 (6th Cir. 1996) Sept. 30, 1996

Before: KEITH, NORRIS, and DAUGHTREY, Circuit Judges.



M. Stephen Minix appeals from orders of the district court which affirmed the decision of the bankruptcy court that defendants did not violate the automatic stay in his bankruptcy proceedings.

Having had the benefit of oral argument, and having carefully considered the record on appeal and the briefs of the parties, we are not persuaded that the district court erred when it affirmed the bankruptcy court's conclusion that there was no evidence of a willful violation of the stay. Furthermore, the circumstances of this case warrant application of equitable principles to defeat Mr. Minix's claim.

The orders of the district court are affirmed.