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Ostrander v. Source One Financial Corp. (In re Mollison)

Ostrander v. Source One Financial Corp. (In re Mollison)

Ruling
Creditor's post-petition steps to correct title to debtor's vehicle did not violate stay, which has expired due to debtor's failure to indicate intent.
Procedural posture

Creditor filed a motion to dismiss chapter 7 trustee's adversary proceeding, which sought to avoid the creditor's lien on the debtor's automobile pursuant to 11 U.S.C.S. § 544(a)(1) and preserve the avoided lien for the benefit of the bankruptcy estate pursuant to 11 U.S.C.S. § 551. The trustee filed a motion for sanctions against the creditor for violation of the automatic stay imposed by 11 U.S.C.S. § 362(a).

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Consumer opinion summary, case decided on January 06, 2012 , LexisNexis #0212-009