In re Sanders
Mar
02
2012
Ruling
Creditor acted within rights by repossessing vehicle post-discharge pursuant to ipso facto clause of contract where debtor has rescinded a reaffirmation agreement.
Procedural posture
Debtors filed a motion for contempt against a creditor after the creditor repossessed one of debtors' vehicles post-discharge, despite the fact that debtors had always been (prior to and throughout the course of their chapter 13 bankruptcy) current in their car payments.
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Court
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