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24 Jul 2006, 8:18 am
BAP 1998) (Section 105(a), and not section 362(h), was employed because the trustee is not an "individual" within the meaning ofsection 362(h)); In re Elder-Beerman Stores Corp., 206 B.R. 142, 152 (S.D.Ohio 1997); and, In re Stockbridge Funding Corp., 145 B.R. 797, 813 (S.D.N.Y. 1992) (stating a trustee cannot receive damages under 362(h)), among other court's taking the same stance. [read post]