Crawford v. Credit Acceptance Corp. (In re Crawford)
Dec
24
2008
Ruling
Creditor's failure to repair auto disabling device was a willful violation of stay entitling debtor to damages.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor secured by the debtor's vehicle, seeking a determination that the creditor violated the automatic bankruptcy stay by failing to repair a disabling device installed on the vehicle by the creditor. The debtor sought damages and attorney fees under 11 U.S.C.S. § 362(k) for the creditor's willful violation of the stay.
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Court
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