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In re Ramp Chevrolet

In re Ramp Chevrolet

Ruling
Franchisor's reduction of debtor franchisee's wind-down payments was not a setoff and did not violate stay.
Procedural posture

Chapter 11 debtor filed a motion to hold a franchisor in contempt for willfully violating the automatic stay, 11 U.S.C.S. § 362(a)(7), by asserting improper setoffs under 11 U.S.C.S. § 553 without court approval, and for filing a secured proof of claim in the debtor's case in violation of the automatic stay.

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Commercial opinion summary, case decided on December 21, 2010 , LexisNexis #0211-108