Goodrich

*587 MEMORANDUM **

Debtors Jeffrey and Shelly Goodrich (“Debtors”) appeal the decision of the Bankruptcy Appellate Panel for the Ninth Circuit affirming the Bankruptcy Court for the Central District of California’s judgment in favor of creditor Union Planters Mortgage (“Union Planters” or “Creditor”). The Debtors were the owners of real property in Mira Loma, California, and filed for Chapter 13 bankruptcy triggering an automatic stay of all actions and claims upon their property pursuant to 11 U.S.C. § 362 (a). Unaware of the bankruptcy filing, and as the beneficiary of a deed of trust on the property, Union Planters foreclosed on the Debtors’ home and recorded a trustee’s deed of sale. Debtors’ adversary proceeding sought damages under 11 U.S.C. § 362 (k) for violation of the automatic stay.

11 U.S.C. § 362 (a) establishes an affirmative duty for creditors to discontinue collection actions upon a debtor’s filing of a bankruptcy application. 11 U.S.C. § 362 (k) states that “an individual injured by any willful violation of a stay ... shall recover actual damages, including costs and attorneys’ fees, and, in appropriate circumstances, may recover punitive damages.” 11 U.S.C. §…