Saratoga Springs Plastic Surgery, P.C. v. Yarinsky
Opinion of the Court
SUMMARY ORDER
Debtor Saratoga Springs Plastic Surgery, P.C. (“SSPS”) appeals from the judgment of the district court, affirming the bankruptcy court’s finding that Creditor willfully violated its automatic stay and reversing the award of compensatory damages. The district court vacated an award of counsel fees of $5,758.50 plus expenses of $38.75 totaling $5,792.50. We assume familiarity with the facts, procedural history, and issues on appeal.
In reviewing the district court’s disposition of a bankruptcy appeal, this Court reviews legal conclusions de novo and factual findings for clear error. See In re Best Prods. Co., 68 F.3d 26, 29 (2d Cir. 1995). The bankruptcy court’s award of damages was improper because “the plain language of § 362(h) prevents application of that section to benefit debtors that are not natural persons.” In re Chateaugay Cory., 920 F.2d 183, 183 (2d Cir. 1990); see also Ball v. A.O. Smith Cory., 321 B.R.
We have considered all of Debtor’s claims on appeal and find them without merit. For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.
Reference
- Full Case Name
- In re: SARATOGA SPRINGS PLASTIC SURGERY, P.C. Saratoga Springs Plastic Surgery, P.C., Debtor-Appellant v. Robin Yarinsky, Creditor-Appellee
- Cited By
- 9 cases
- Status
- Published