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

390 F.3d 1139 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. Decided December 10, 2004. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED 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. In a previous opinion, Dawson v. Washington Mutual Bank, F.A., 367 F.3d 1174 (9th Cir.), withdrawn, 385 F.3d 1194 (9th Cir.2004), we answered that question "no." Upon…