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ST. PAUL FIRE & MARINE INS. CO. v. LABUZAN

No. 08-20229.

579 F.3d 533 (2009)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff-Appellee, v. Theodore F. LABUZAN; Deeann S. Labuzan, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 18, 2009.

Attorney(s) appearing for the Case

James W. Hamel (argued), Keith Alan Langley, Langley, Weinstein, Hamel, LLP, Dallas, TX, for Plaintiff-Appellee.

Martyn B. Hill (argued), Michael Andrew Harris, Pagel, Davis & Hill, Houston, TX, for Defendants-Appellants.

Before REAVLEY, BARKSDALE and GARZA, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

This appeal presents an issue of first impression for our court: to what extent, if any, do Theodore F. Labuzan, and his wife, Deeann Labuzan, creditors of the bankruptcy debtor, have standing to claim damages based on violations of the bankruptcy automatic-stay provision, 11 U.S.C. § 362(k) ("[A]n individual injured by any willful violation of a stay ... shall recover actual damages, including costs and attorneys' fees...

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