MEMORANDUM OF DECISION
Shiloh, Inc., dba Post Falls Mazda (“Shiloh”) and Terry Jordan (“Jordan”), defendants in the above-captioned adversary proceeding, move for summary judgment, or in the alternative for partial summary judgment in favor of Jordan. Kenneth and Vickie Nelson (“debtors”), the debtors in the underlying bankruptcy, oppose the motion.
This adversary proceeding is a complaint for violation of the automatic stay imposed by section 362 of the Bankruptcy Code. Debtors allege that Shiloh, and Jordan as its principal, wrongfully repossessed their vehicle on October 12, 1990, after the debt *925 ors filed bankruptcy and in violation of the automatic stay. Debtors allege that demand was made on Shiloh and Jordan for return of the vehicle, but the vehicle was not returned “for many days.” 1 These actions occurred in October, 1990; the present action was filed over two years later, on April 14, 1993. Defendants contend this action is barred by the two year statute of limitations of I.C. § 5-219 (action for penalty or forfeiture), made applicable by 11 U.S.C. § 108(a). Defendants additionally argue Jordan should be granted partial summary judgment because he is an officer of Shiloh, and is thus protected by the veil of corporate immunity. Debtors resist the motion, alleging that the proper statute of limitations is either three years under I.C. § 5-218 (action for trespass, trover, replev-in or fraud) or four years under I.C. § 5-224 (action not otherwise provided for by statute), and that Jordan is individually liable for violation of the automatic stay.
Summary judgment is governed by Rule 56 of the Federal Rules of Civil Procedure, made applicable here by F.R.B.P. 7056. Summary judgment should be granted if “there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” F.R.C.P. 56(c).
Section 362(h) permits a party to recover for “willful” violations of the automatic stay. 11 U.S.C. § 362(h). Defendants wrongly assume section 108 requires application of a state statute of limitations. Section 108 is involved only where there is “applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement” limiting the time in which an action may be brought. Section 362(h) creates a federal bankruptcy cause of action, and no nonbankruptcy law is involved. Moreover, section 108 acts only to toll causes of action during the pendency of bankruptcy, not to provide a substantive statute of limitations.
The parties have not cited, and the Court has not found, any reported case imposing a statute of limitations on section 362(h). In failing to address the issue, a Seventh Circuit decision suggests an action under section 362(h) is valid even though brought six years after the violation of the automatic stay.
Martin-Trigona v. Champion Fed. Sav. and Loan Ass’n,
With regard to corporate immunity, Jordan is not entitled to judgment as a matter of law, nor has he shown that there is no genuine issue as to any material fact. Corporate officers are liable for their individual tortious acts, even if those acts are done for the benefit of the corporation.
In re Hawkins,
Defendants contended at oral argument that Jordan is entitled to judgment because his involvement in the repossession and/or refusal to return the vehicle was insufficient to create liability under section 362(h). Evidence has been presented to show that Jordan was informed of the debtors’ bankruptcy and the automatic stay, at the latest, on the evening the vehicle was repossessed. The vehicle was not returned for almost two weeks after Jordan received this notice. Given that section 362(h) permits recovery for willful violations of the stay, the Court finds a genuine issue of material fact remains regarding whether Jordan’s involvement was sufficient to subject him to individual liability. A separate order will be entered denying the motion for partial summary judgment.
Notes
. Complaint, ¶ 5. The vehicle was returned on October 25, 1990.
. To the extent that state law may govern the proper statute of limitations, the statute proposed by the defendants is not it. The three year statute of limitations for trespass or conversion of goods (I.C. § 5-218), or the four year statute of limitations where no statute of limitations is otherwise provided (I.C. § 5-224), proposed by the debtors, are far more appropriate than the two year statute of limitations for a penalty or forfeiture (I.C. § 5-219). The contention that section 362(h) should be considered a ''penalty," when section 362(h) mandates recovery of "actual damages,” is incorrect.