In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.

William Goichman appeals an award of compensatory damages, attorney’s fees, and punitive damages under 11 U.S.C. § 362 (h). Section 362(h) has received almost no scrutiny in our published opinions. We affirm in part, and remand for determination of the rate of interest.

FACTS

Goichman, Edith Bloom, and others invested money in a series of limited partnerships that failed. Litigation in state and federal courts resulted in a consent decree under which Bloom was obligated to pay the first $70,000 of any liability found against Goichman as a result of certain transactions. Goichman executed a levy on Bloom’s salary. Bloom filed a claim of exemption in federal district court; the matter was referred to a magistrate. A hearing was set and Goichman noticed a deposition of Bloom. Bloom failed to attend the deposition. Between the date noticed for deposition and the date set for the exemption hearing, Bloom filed her bankruptcy petition. Goichman was scheduled as a creditor and attended the bankruptcy court examinations.

After he was notified of Bloom’s bankruptcy petition, Goichman attended the hearing on Bloom’s pending claim of exemption. Bloom did not attend and was not…