Franchise Tax Board v. Roberts (In Re Roberts)

How courts have described this case

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

• noting that Fed. R.App. P. 38 rather than Rule 9011 applied for purposes of awarding sanctions for a frivolous appeal
• stating that “[t]he stay requires the creditor to maintain the status quo ante and to remediate acts taken in ignorance of the stay”
• declining to rule on “the reasonableness of the attorney fees awarded” because it is a “question[ ] of fact, not law . . .”
• failure to stop a garnishment when notified of the automatic stay was a willful violation meriting sanctions.
• “[A] garnishing creditor has an affirmative duty to stop garnishment proceedings when notified of the automatic stay.”
• creditor willfully violated automatic stay by continuing to accept payments from employer pursuant to a prepetition garnishment after receiving notice of bankruptcy

Source: CourtListener parenthetical corpus (CC0).