Bentley v. Nissan Motor Acceptance Corp. (In re Bentley)
Aug
10
2006
Ruling
Creditor's knowing repossession of debtor's vehicle was a willfull violation of stay.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor for violating the automatic stay by postpetition repossession of the debtor's vehicle. In the debtor's main case, the debtor also objected to the creditor's amended proof of claim, and the creditor moved for relief from the stay. The bankruptcy court conducted a trial addressing all of these matters.
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Court
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