146027P.pdf   11/24/2014  Eldon Bugg  v.  Cyril Gray
   U.S. Court of Appeals Case No:  14-6027
   U.S. Bankruptcy Court for the Western District of Arkansas - Hot Springs   
   [PUBLISHED] [Kressel, Author, with Federman and Schermer, Bankruptcy 
   Judges] 
   Bankruptcy Appellate Panel - automatic stay. Creditors' eviction and 
   disposition of debtor's property violated the automatic stay. Bankruptcy 
   court had jurisdiction to hear claim relating to violation of the stay. 
   Creditors did not object to continuances and their actions were 
   inconsistent with intent to insist on time constraints of section 362(e) 
   and, having failed to do so, they have waived their rights. Creditors are 
   barred by judicial estoppel from claiming the stay expired under section 
   362(e). Bankruptcy court did not clearly err in finding that creditors had 
   knowledge of the bankruptcy petition and acted deliberately and that they 
   willfully violated the automatic stay. Bankruptcy court's findings as to 
   actual damages were not clearly erroneous. The court did not make specific 
   findings as to the motive or egregious conduct in violating the stay and 
   the creditor's failure to appear at the trial does not satisfy that 
   standard for punitive damages. Thus, the bankruptcy court abused its 
   discretion in awarding punitive damages.