Duby v. United States (In Re Duby)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an adversary proceeding was necessary, even though the stay violation had already ended, because the debtor had suffered unredressed damages
• holding that “[b]y requiring a debt- or to incur an injury other than attorney’s fees before such fees are recoverable, the USDA effectively strikes the word ‘including’ from the statute”
• noting that a willful violation of § 362(k) mandates damages without discussing the Bankruptcy Court’s inherent authority to dismiss an action
• noting that “attorney’s fees are actual damages under 11 U.S.C. § 362(k)(l)” and affirming a fee award for a stay violation where plaintiff recovered no other damages
• explaining that the plain language of § 362(k)(1) expressly states that attorney’s fees are actual damages
• explaining that the plain language of § 362(k)(1) expressly states that attorney’s fees are actual damages

Source: CourtListener parenthetical corpus (CC0).