Maria Luz Navarro

Good Law
United States Bankruptcy Court, Eastern District of CaliforniaAugust 4, 202323-90010California3,725 words

Opinion

Trial Court Opinion

Introduction 11 Before the court is a Motion of Debtor for an Award of 12 Compensatory Damages, Punitive Damages, Attorney Fees and Costs 13 Against Scenic Funding [sic], a California Corporation, C&H Trust 14 Deed Service, and Attorney Coby Halavais, Does 1-5, filed by 15 Chapter 13 debtor Maria Luz Navarro (“Debtor”). The motion 16 asserts that C&H Trust Deed Services (“C&H”), secured creditor 17 Scenic Oaks Funding, LLC (“Scenic Oaks”), and Coby Halavais as 18 the attorney for both C&H and Scenic Oaks (“Attorney Halavais”) 19 (collectively, unless otherwise noted, “Respondents”), violated 20 the automatic stay of 11 U.S.C. § 362(a) making Respondents 21 jointly and severally liable for attorney’s fees and damages 22 (actual and punitive) under 11 U.S.C. § 362(k)(1). Respondents 23 filed a single opposition. The Debtor filed a reply. The 24 parties also filed evidentiary objections. 25 The court has reviewed and considered the motion, 26 27 1The opposition reflects that Attorney Halavais represents, and has appeared as the attorney of record for, all Respondents with regards to the current motion. See Local Bankr. R. 2017- 1(b)(2)(B). opposition, reply, all related…

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