Can a party be found guilty of a wilful violation of section 362(a) of the Civil Code of Civil Procedure for failing to comply with the automatic stay of a motion by the Court of Appeal?
MultiRegion, United States of America
The following excerpt is from Eskanos & Adler, P.C. v. Leetien, 309 F.3d 1210 (9th Cir. 2002):
Section 362(h) permits sanctions for willful violations of 362(a). A willful violation is satisfied if a party knew of the automatic stay, and its actions in violation of the stay were intentional. Pinkstaff v. United States (In re Pinkstaff), 974 F.2d 113, 115 (9th Cir.1992).
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