- 11 U.S.C.
In re Beard
Mar
14
2012
Ruling
Repossession did not violate stay where debtor failed to timely specify intention to reaffirm on original contract terms.
Procedural posture
A chapter 7 debtor filed a motion for sanctions against a creditor alleging that its repossession of her vehicle violated the automatic stay under 11 U.S.C.S. § 362(a). The debtor requested sanctions for damages incurred and an order directing the creditor to return the vehicle. The creditor alleged that the debtor's motion was filed in violation of Fed. R. Bankr. P. 9011 and requested reimbursement of its reasonable attorney's fees.
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Court
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