Bostanian

Bostanian v. American Hilton Corp.

Good Law
41 F. App'x 66
United States Court of Appeals for the Ninth CircuitJuly 1, 2002No. 01-56446; BAP No. CC-00-01720-BMoPCalifornia650 words

Opinion

Lead Opinion

MEMORANDUM *

As the facts are known to the parties, we do not recite them here except as necessary to explain our decision. We review the decision of the Bankruptcy Appellate Panel (“BAP”) de novo. In re Scovis, 249 F.3d 975, 980 (9th Cir.2001). The bankruptcy court’s findings of fact are reviewed for clear error, and its conclusions of law are reviewed de novo. Id.

In order to establish a prima facie case for damages under 11 U.S.C. § 362 (h), an individual debtor must show that she was injured by a willful violation of the automatic stay. Fernandez v. G.E. Capital Mortgage Servs (In re Fernandez), 227 B.R. 174, 180 (9th Cir.BAP1998). Because Vartanoush Bostanian (“Vartanoush”) 1 has not shown that appellees Liberty Savings Bank (“Liberty”) 2 or California Federal *67 Bank (“Cal Fed”) willfully violated the automatic stay in her bankruptcy, we affirm the decision of the BAP.

Vartanoush alleges that Liberty willfully violated the stay by submitting a misleading motion for relief to the bankruptcy court. However, the motion clearly referred to the “attached legal description” of the properties, and that legal description included Parcel A and Lot 19 in addition to Parcel B. The…

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