Erika Rodriguez
Opinion
Trial Court Opinion
INTRODUCTION
The bankruptcy court held that creditor National Funding, Inc. willfully violated the automatic stay when it levied chapter 71 debtor Erika Rodriguez’s bank accounts. Ms. Rodriguez sought to recover $29,000 in attorneys’ fees and $2,500 in costs, but the court awarded $7,875 and $81, respectively, because she had failed to mitigate her damages before filing a
motion for contempt. Ms. Rodriguez appeals, arguing that the bankruptcy court should have awarded her the full amount of her claimed fees and costs and did not provide adequate reasons for discounting her award. The bankruptcy court acted within its discretion. We AFFIRM.
FACTUAL BACKGROUND
A. Prepetition events In 2018, Ms. Rodriguez defaulted on a business loan from National
Funding. National Funding obtained a $130,060 default judgment against
1 Unless specified otherwise, all chapter and section references are to the Bankruptcy Code, 11 U.S.C. §§ 101-1532, and all “Rule” references are to the Federal Rules of Bankruptcy Procedure. 2 her in state court, and the state court promptly issued a writ of execution. On August 1, National Funding sent instructions to the Sonoma County Sheriff’s Department to…