In re: John F. Huonder; Tonnie Jo Huonder Debtors
Champion Milking Systems, LLC Defendant-Appellee John F. Huonder; Tonnie Jo Huonder Plaintiffs - Appellants
Submitted: August 12, 2016
from United States Bankruptcy Court for the District of
Minnesota - St. Paul
SCHERMER, NAIL, and SHODEEN, Bankruptcy Judges.
John F. Huonder and Tonnie Jo Huonder appeal the February 25,
2016 judgment of the bankruptcy court sanctioning Champion Milking
Systems, LLC ("Champion") for violating the
discharge injunction. We affirm.
commenced an adversary proceeding against Champion, seeking
compensatory damages, general damages, punitive damages, and
attorney fees for Champion's alleged violations of the
discharge injunction. After hearing the matter, the bankruptcy
court entered two orders.
first order awarded Debtors general damages of $1, 000.00 for
Champion's violation of the discharge injunction and
directed Debtors to file an itemized statement of their
attorney fees and costs. The second order, entered after
Debtors had complied with the first order, awarded Debtors
attorney fees of $1, 500.00 for Champion's violation of
the discharge injunction and directed the entry of judgment
in Debtors' favor for both the general damages awarded in
the first order and the attorney fees awarded in the second
order. The bankruptcy court did not award Debtors
compensatory damages or punitive damages.
bankruptcy clerk entered judgment in Debtors' favor as
directed by the bankruptcy court. Debtors timely appealed.
review the bankruptcy court's award of sanctions for an
abuse of discretion. Missouri Dep't of Soc. Servs. v.
Spencer (In re Spencer), 550 B.R. 766, 769
(B.A.P. 8th Cir. 2016).
A court abuses its discretion when a relevant factor that
should have been given significant weight is not considered;
when an irrelevant or improper factor is considered and given
significant weight; or when all proper factors and no
improper ones are considered, but the court commits a clear
error of judgment in weighing those factors.
City of Duluth v. Fond du Lac Band of Lake Superior
Chippewa, 702 F.3d 1147, 1152 (8th ...