Badovick v. Greenspan (In re Greenspan)
- Summarized by Laura Bartell , Wayne State University Law School
- 15 years 1 month ago
- Citation:
- 11b0001n.06
- Tag(s):
-
- Ruling:
- Order of bankruptcy court awarding attorneys' fees and expenses to chapter 7 debtors for violation of debtors' discharge injunction affirmed.
- Procedural context:
- Appeal from final judgment of bankruptcy court awarding fees and expenses for violation of discharge injunction
- Facts:
- Attorney filed a proof of claim in debtors' chapter 7 bankruptcy case, based on a prepetition judgment against the debtors for legal services. After the discharge, of which the attorney had notice, the attorney violated the discharge injunction by filing complaints agains the debtors and a non-debtor. The bankruptcy court awarded $12,510 in attorneys' fees and $675.85 in expenses as a sanction for violation of the discharge injunction. The attorney argued on appeal that the award was improper because it was in the amount of actual fees and expenses incurred by the debtors, rather than an amount determined by consideration of other factors, such as the amount necessary to deter the attorney from future violations, the amount debtor was forced to expend because of the attorney's unreasonable conduct, the mitigating actions of the opposing party, and the attorney's ability to pay. The BAP found no abuse of discretion in the award of fees and expenses by the bankruptcy court.
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