In Re George E. Dawson and Barbara J. Dawson, Debtors. George Dawson and Barbara J. Dawson v. Washington Mutual Bank, F.A., Successor to Great Western Bank

367 F.3d 1174 In re George E. DAWSON and Barbara J. Dawson, Debtors. George Dawson and Barbara J. Dawson, Plaintiffs-Appellants, v. Washington Mutual Bank, F.A., successor to Great Western Bank, Defendant-Appellee. No. 02-16903. United States Court of Appeals, Ninth Circuit. Argued March 10, 2004. Resubmitted April 23, 2004. Filed May 18, 2004. A. Charles Dell'Ario, Oakland, CA, for the plaintiffs-appellants. William G. Malcolm, Malcolm Cisneros, Irvine, CA, for the defendant-appellee. Appeal from the United States District Court for the Northern District of California; Claudia Wilken, District Judge, Presiding. D.C. No. CV-01-02367-CW. Before: HALL and GRABER, Circuit Judges, and WEINER, * Senior District Judge. GRABER, Circuit Judge. 1 The main question in this case is whether a debtor may recover damages for emotional distress under 11 U.S.C. § 362 (h) when a creditor violates the automatic stay that follows from the filing of a bankruptcy petition. Analogizing to Ninth Circuit cases that interpret the phrase "actual damages" in other federal statutes, and joining the Seventh Circuit, we answer that question "no." FACTUAL AND PROCEDURAL BACKGROUND 2 Plaintiffs George and…