Baumgartner v. Ford Motor Credit Co. LLC
Jul
09
2007
Ruling
Dispute over creditor's repossession of vehicle after lifting of stay was not related to bankruptcy.
Procedural posture
Plaintiff, a discharged chapter 7 debtor, filed a conversion suit in the Circuit Court of Callaway County (Missouri) against defendant creditor alleging that it unlawfully repossessed his truck. The debtor filed a motion to remand after the creditor removed the suit to the court. The creditor moved to reassign or transfer the case to the bankruptcy court pursuant to 28 U.S.C. § 157(a).
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Court
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