Click here to download the complete decision (available as a pdf file).

In re Goodman, 991 F.2d 613 (9th Cir. 1993)

Proceeding was brought to recover damages for landlords' alleged wilful violation of stay arising out of subtenant's bankruptcy filing. The United States Bankruptcy Court for the Central District of California entered order permanently enjoining landlords from pursuing state court unlawful detainer action, but denied subtenant's request for cost and sanctions, and appeal was taken.

The District Court, Gary L. Taylor and J. Spencer Letts, JJ., affirmed in part and reversed in part. On further appeal, the Court of Appeals, Trott, Circuit Judge, held that:

  1. adversary proceeding was "core proceeding" that bankruptcy court could finally adjudicate;
  2. injunction would issue to preclude landlords from proceeding with state court action; but
  3. corporation was not "individual" eligible to recover damages for landlord's violation of stay.