Just. Cometh, Ltd. v. Harry B. White, 426 F.3d 1342 (11th Cir. 2005). · Go Syfert
Just. Cometh, Ltd. v. Harry B. White, 426 F.3d 1342 (11th Cir. 2005). Cases Citing This Book View Copy Cite
47 citation events (47 in the last 25 years) across 15 distinct courts.
Strongest positive: Wells Fargo Bank N.A. v. Cliffton L. Sneed (ca11, 2025-12-16) · Strongest negative: Zimmerman v. Bellows (mnd, 2013-12-04)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
cited Cited "but see" Zimmerman v. Bellows
D. Minnesota · 2013 · signal: but see · confidence high
(In re Startec Global Commc’ns Corp), 292 B.R. 246, 254 (Bankr.D.Md.2003); but see lustice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir.2005) (per curiam); Roberts v. Am.
cited Cited as authority (rule) Wells Fargo Bank N.A. v. Cliffton L. Sneed
11th Cir. · 2025 · confidence medium
We review de novo questions of federal subject-matter jurisdiction, Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005), and of statutory interpretation, Corporate Mgmt.
cited Cited as authority (rule) Wells Fargo Bank N.A. v. Cliffton L. Sneed
11th Cir. · 2025 · confidence medium
We review de novo questions of federal subject-matter jurisdiction, Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005), and of statutory interpretation, Corporate Mgmt.
discussed Cited as authority (rule) Nelson v. St. Catherine University
D. Minnesota · 2024 · confidence medium
Appx. 696 , 698 (3d Cir. 2020); Houck v. Substitute Trustee Services, Inc., 791 F.3d 473, 481 (4th Cir. 2015); Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005) (per curium); Price v. Rochford, 947 F.2d 829 , 832 n.1 (7th Cir. 1991).
cited Cited as authority (rule) Chris-Antonio v. IH6 Property Florida LP
M.D. Fla. · 2024 · confidence medium
Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005).
discussed Cited as authority (rule) Emmanuel O Ohai and Luminate Ohai
Bankr. N.D. Ga. · 2023 · confidence medium
Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005) (allowing a plaintiff to bring a section 362(k) claim in district court post-dismissal of underlying bankruptcy case); In re Tucker, 743 F. App’x 964 , 968 (11th Cir. 2018) (“district courts have jurisdiction to entertain claims by debtors that creditors violated the automatic stay, even when those claims are asserted in a separate civil action filed after the bankruptcy case has been dismissed.”); Healthcare Real Estate Partners, LLC v. Summit Healthcare Reit, Inc., 941 F.3d 64, 71 (3rd Cir. 2019) (holding that sectio…
cited Cited as authority (rule) Kennedy, Jr. v. Najarian Capital, LLC
Bankr. N.D. Ga. · 2023 · confidence medium
Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005) (per curiam).
cited Cited as authority (rule) Richards v. Naples Bay Resort Holdings, LLC
M.D. Fla. · 2022 · confidence medium
Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005).
discussed Cited as authority (rule) Robert A. Heghmann v. Djamel Hafiani
11th Cir. · 2022 · confidence medium
Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005) (holding that “the explicit . . . grant of original jurisdiction” in 28 U.S.C. § 1334 over cases arising under Title 11 “clearly forecloses a conclusion that the district court lacked subject matter jurisdiction” over claims for damages caused by a violation of the automatic stay in a bankruptcy proceeding).
cited Cited as authority (rule) Chittranjan K. Thakkar v. Good Gateway, LLC
11th Cir. · 2022 · confidence medium
Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005) (per curiam).
discussed Cited as authority (rule) Kennedy, Jr. v. Najarian Capital, LLC (2×)
Bankr. N.D. Ga. · 2021 · confidence medium
Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005) (per curiam).
discussed Cited as authority (rule) David Beem v. Gary A. Ferguson
11th Cir. · 2017 · confidence medium
We consider questions of subject matter jurisdiction de novo, Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005), and we review a district court’s decision to dismiss a case for failure to comply with an order of the court for an abuse of discretion, Foudy v. Indian River Cty.
discussed Cited as authority (rule) Lindsey Jones v. CitiMortgage, Inc.
11th Cir. · 2016 · confidence medium
Of course, district courts have original subject-matter jurisdiction over cases arising under Title 11, see Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005), & 28 U.S.C. § 1334 , but the fact remains that the court that issued the discharge injunction, tire bankruptcy court, is the court that alone possessed the power to enforce compliance with it, see In re McLean, 794 F.3d at 1319 , and "[o]ther courts are without jurisdiction to do so,” Alderwoods Grp., Inc., 682 F.3d at 971.
discussed Cited as authority (rule) Ashton Revocable Living Trust v. Mukamal
S.D. Fla. · 2015 · confidence medium
Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir.2005); In re Lancaster Steel Corp., 284 B.R. 152, 157 (S.D.Fla.2002). 2.Legal Standard Bankruptcy courts have jurisdiction over “civil proceedings arising under title 11, or arising in or related to cases under title 11.” 28 U.S.C. § 1334 (b).
discussed Cited as authority (rule) Hodge v. Money Shop, LLC. (In Re Hodge)
Bankr. M.D. Ala. · 2007 · confidence medium
Conclusions of Law “The filing of a bankruptcy petition pursuant to title 11 operates to automatically stay creditors from pursuing certain specified collection actions against the debtor....” Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir.2005).
cited Cited as authority (rule) Donna J. Beaulieu v. City of Alabaster
11th Cir. · 2006 · confidence medium
Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir.2005).
cited Cited "see" Carter-Washington v. Wilmington Trust, National Association
N.D. Ala. · 2025 · signal: see · confidence high
See Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005).
cited Cited "see" Ohai v. PNC Bank National Association, Inc.
Bankr. N.D. Ga. · 2023 · signal: see · confidence high
See Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005); see also In re Stanwyck, 450 B.R. 181, 193 (Bankr.
discussed Cited "see" Healthcare Real Estate Partner v.
3rd Cir. · 2019 · signal: see · confidence high
See Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005) (finding that district courts have original jurisdiction over § 362(k) actions because they are “cases” under title 11, which then could be referred to the bankruptcy court under § 157(a)). 11 Our result should not surprise anyone.
discussed Cited "see" Mary A. Tucker v. JP MOrgan CHase Bank N.A.
11th Cir. · 2018 · signal: see · confidence high
See Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1342-43 , 1343 n.1 (11th Cir. 2005). 8 Case: 17-12020 Date Filed: 08/14/2018 Page: 9 of 11 But before the district court, Tucker did not sufficiently raise this issue.
cited Cited "see" Barry v. Experian Information Solutions, Inc.
S.D.W. Va · 2018 · signal: see · confidence high
See id. (citing Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005); Price v. Rochford, 947 F.2d 829 , 832 n.2 (7th Cir. 1991)).
discussed Cited "see" Walker v. Got'cha Towing & Recovery, LLC (In re Walker) (2×)
Bankr. M.D. Ga. · 2016 · signal: see · confidence high
See 426 F.3d at 1343 .
discussed Cited "see" Diana Houck v. Substitute Trustee Services (2×) also: Cited "see, e.g."
4th Cir. · 2015 · signal: see · confidence high
See Justice Cometh, 426 F.3d at 1343 (stating that, although the district courts may refer to the bankruptcy courts proceedings arising under Title 11, “the explicit § 1334 grant of oñginál jurisdiction over Title 11 cases clearly forecloses a conclusion that the district court[s] lack[ ] subject matter jurisdiction over [§ 362(k) claims]”); Pnce, 947 F.2d at 832 n. 1 (observing that the plaintiffs claim for willful violation of the automatic stay “should probably have been referred to the bankruptcy court under [the district court’s standing order of reference],” but deciding th…
discussed Cited "see" Marshall v. PNC Bank, N.A. (In re Marshall)
Bankr. S.D. Ohio · 2012 · signal: see · confidence high
See Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342 , (11th Cir.2005) (holding that the district court had subject matter jurisdiction to directly adjudicate claim for violation of the automatic stay in the plaintiff’s bankruptcy proceeding); Price v. Rockford, 947 F.2d 829 , 832 n. 1 (7th Cir.1991) (finding that district court had jurisdiction to adjudicate plaintiff's claim for violation of the automatic stay and noting that "after a bankruptcy is over, it may well be more appropriate to bring suit in district court, especially when other claims are attached”); In re Moody, 899 F.2d 383 ,…
discussed Cited "see" Roberts v. American Bank & Trust Co. (2×)
E.D. La. · 2011 · signal: see · confidence high
See Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir.2005).
discussed Cited "see" Morris J. Mays v. Chase Manhattan Mortgage (2×)
11th Cir. · 2006 · signal: see · confidence high
See Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005).
discussed Cited "see, e.g." Kevin Potter v. David Newkirk
3rd Cir. · 2020 · signal: compare · confidence low
Compare Houck v. Substitute Trustee Servs., Inc., 791 F.3d 473, 481-82 (4th Cir. 2015) (“A claim under § 362(k) for violation of the automatic stay is a cause of action arising under Title 11, and as such, a district court has jurisdiction over it.”), Justice Cometh Ltd. v. Lambert, 426 F.3d 1342 , 1343 & n. 2 (11th Cir. 2005) (per curiam) (same), and Price v. Rochford, 947 F.2d 829 , 832 n.1 (7th Cir. 1991) (same), with Eastern Equip. & Servs.
discussed Cited "see, e.g." Lynch v. Bulman
10th Cir. · 2007 · signal: compare · confidence medium
Compare Justice Cometh, Ltd. v. Lambert, 426 F.3d 1342, 1343 (11th Cir. 2005) (district courts have original jurisdiction over § 362(k) (formerly § 362(h)) actions), with Eastern Equip. & Servs.
Retrieving the full opinion text from the archive…
JUSTICE COMETH, LTD., as Trustee, Et Al., Plaintiffs-Counter-Defendants, Cheryl B. Lamkins, Plaintiff-Counter-Defendant-Appellant,
v.
James v. LAMBERT, Wylene Lambert, Martin Kroll, Thomas Oprandi, Clifford S. Lancey, William Herbert Neal, Harry B. White, Et Al., Defendants-Appellees, David Watkins, Et Al., Defendants-Counter-Claimants
05-10629.
Court of Appeals for the Eleventh Circuit.
Sep 30, 2005.
426 F.3d 1342
Mort A. Segall, Segall Law Offices, Champaign, IL, for Lamkins., Mark M.J. Webb, Brinson, Askew, Berry, Seigler, Richardson & Davis, Rome, GA, Douglas G. Smith, Jr., Mozley, Finlay-son & Loggins, LLP, Douglas Campbell Dumont, Paul Willard Burke, Drew, Eckl & Farnham, LLP, Atlanta, GA, for Defendants-Appellees.
Tjoflat, Dubina, Barkett.
Cited by 29 opinions  |  Published
PER CURIAM:

Cheryl B. Lamkins appeals the district court’s order dismissing, for lack of subject matter jurisdiction, her claim against Clifford Lancey, David Watkins, Eddie Watkins and Watkins Lumber & Supply Co. (“Lancey Group”), pursuant to 11 U.S.C. § 362(h), for damages caused by[*1343] their violation of the automatic stay in her bankruptcy proceeding. [1] She argues that both 28 U.S.C. §§ 1331 and 1334 provide the district court jurisdiction over her claim. We review questions of subject matter jurisdiction de novo. See Milan Express, Inc. v. Averitt Express, Inc., 208 F.3d 975, 978 (11th Cir.2000).

The filing of a bankruptcy petition pursuant to Title 11 operates to automatically stay creditors from pursuing certain specified collection actions against the debtor or estate. See 11 U.S.C. § 362(a). An individual who is injured by a willful violation of the stay may recover damages. See 11 U.S.C. § 362(h) (“An individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys’ fees, and, in appropriate circumstances, may recover punitive damages.”).

District courts have original jurisdiction of “all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. Further, the district courts have original jurisdiction over all cases under Title 11, as explicitly stated by 28 U.S.C. § 1334:

(a) Except as provided in subsection (b) of this section, the district courts shall have original and exclusive jurisdiction of all cases under title 11.
(b) Notwithstanding any Act of Congress that confers exclusive jurisdiction on a court or courts other than the district courts, the district courts shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11.

Unquestionably, the district courts may “provide that any or all cases under title 11 and any or all proceedings arising under title 11” be referred to the bankruptcy court for that district. 28 U.S.C. § 157(a). However, the explicit § 1334 grant of original jurisdiction over Title 11 cases clearly forecloses a conclusion that the district court lacked subject matter jurisdiction over this case. See Price v. Rockford, 947 F.2d 829, 832 n. 1 (7th Cir.1991). [2] We therefore REVERSE the district court’s order dismissing Lamkins’ claim for lack of subject matter jurisdiction and REMAND for further proceedings in accordance with this opinion.

REVERSED AND REMANDED.

1

. According to her complaint, Lamkins filed a Chapter 13 bankruptcy proceeding on June 4, 2002. She alleges that the Lancey Group was served notice of the automatic stay that same day, and violated the stay by selling real property subject to the stay to itself at a foreclosure sale that it conducted on that same day. Subsequently, Lancey Group demanded a payment of $31,000 and a release of claims against the individuals and corporations involved, in exchange for returning the property to Lamkins. Lamkins paid the sum and executed the release. Lamkins’ bankruptcy case was subsequently dismissed, before she filed the present action. However, her claim arises from acts alleged to have occurred while the automatic stay was in place.

2

. We acknowledge that the Second Circuit has held to the contraiy. See Eastern Equip. & Servs. Corp. v. Factory Point Nat’l Bank, 236 F.3d 117 (2d Cir.2001) (holding that § 362(h) claim “must be brought in the bankruptcy court, rather than in the district court, which only has appellate jurisdiction over bankruptcy cases”). However, Eastern Equipment makes no mention of the grant of original jurisdiction in 28 U.S.C. § 1334, and provides no explanation as to why § 1334 would not apply. Because we find that statutory provision controlling, we consider the Seventh Circuit’s Price decision more persuasive, and join in finding that the district courts have subject matter jurisdiction to adjudicate § 362(h) claims.