Tenth Circuit· 8/5/2009

Johnson v. Smith

Citations

575 F.3d 1079
62 Collier Bankr. Cas. 2d 315
2009 U.S. App. LEXIS 17378
2009 WL 2386142

How courts have described this case

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

holding that bankruptcy court had jurisdiction in adversary proceeding seeking damages under § 362(k)(1) for willful stay violation following dismissal of the underlying bankruptcy case and citing cases
holding that a “§ 362(k)(l) proceeding ... is a core proceeding because it derives directly from the Bankruptcy Code and can be brought only in the context of a bankruptcy case.” (internal quotation marks and brackets omitted)
explaining that after dismissal of underlying bankruptcy case, dismissal of noncore related proceedings is ordinarily proper
finding no basis to require plaintiff “to move to reopen the Chapter 13 case to pursue [Section] 362(k)(1) adversary proceeding”
applying this reasoning to a different provision of the Bankruptcy Code that allowed for sanctions under certain circumstances
finding no basis to require plaintiff “to move to reopen the Chapter 13 case to pursue [Section] 362(k)(1) adversary proceeding”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tacha, Murphy, Hartz

Read full opinion on CourtListener

Cited by

33 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Johnson v. Smith

98 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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