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Fuller v. Cash Am. Pawn (In re Fuller)

Fuller v. Cash Am. Pawn (In re Fuller)

Ruling
Pawn shop's notice of forfeiture and selling of the debtor's pawned jewelry violated the automatic stay.
Procedural posture

Plaintiff, chapter 13 debtor, brought an adversary action against defendant pawn shop alleging the latter violated the automatic stay by disposing of jewelry she had placed with the pawn shop as security for a personal loan and notifying debtor of a purported forfeiture under S.C. Code Ann. § 40-39-110. The pawn shop moved for summary judgment on the claim.

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opinion summary, case decided on August 15, 2005 , LexisNexis #0206-101