Schwartz-Tallard to be Reviewed En Banc by 9th Circuit

The 9th Circuit has decided to review the Schwartz-Tallard case en banc.  The issue in Schwartz-Tallard is the right of a debtor to get attorneys fees for a contempt/violation of the automatic stay.  Sternberg v. Johnson says the right to attorney’s fees ends when the contempt ends.  After that the “American rule” applies, i.e., no attorneys fees.  Schwartz-Tallard said that the debtor can get attorneys fees defending an appeal of an Order for Contempt even though the contempt has ended.  The Order granting en banc vacates the 9th Circuit ruling.  I suspect the oral argument will be some time in March.

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