- 11 U.S.C.
Henderson v. Auto Barn Atlanta (In re Henderson)
May
13
2011
Ruling
Creditor willfully violated stay by attempting to collect on auto loan.
Procedural posture
Plaintiff debtors alleged that defendant creditors wilfully violated the stay by making various efforts to collect on an auto loan after the debtors filed for bankruptcy. The court previously held that the creditors violated the stay, but concluded that a material fact remained as to whether certain actions leading to repossession of the vehicle were willful within the meaning of 11 U.S.C.S. § 362.
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Court
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