Johnson v. Smith (In re Johnson)
Aug
28
2007
Ruling
Creditor's postpetition repossession of truck violated stay.
Procedural posture
Defendant creditor sought review of the merits portion of a decision of the Bankruptcy Appellate Panel ("BAP"), which affirmed a bankruptcy court's determination that it willfully violated the automatic stay of 11 U.S.C. § 362 by repossessing a pickup truck after plaintiff debtors filed a chapter 13 bankruptcy petition.
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