In re Dawson, 367 F.3d 1174 (9th Cir. 2004)

Chapter 13 debtors filed adversary complaint against mortgagee, alleging violation of automatic stay and seeking emotional distress damages. The Bankruptcy Court found a violation but declined to award damages. The United States District Court for the Northern District of California, Claudia Wilken, J., affirmed on the damages issue, and debtors appealed.

Holding:  The Court of Appeals, Graber, Circuit Judge, held that debtors could not recover damages for emotional distress caused by creditor's automatic stay violation.

Opinion withdrawn and replaced by  In re Dawson, 390 F.3d 1139 (9th Cir. 2004)