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§ 362(h)(1)

In re Rowe

May
10
2006
Ruling
"Fourth option" or ride through, allowing non-defaulting debtor to retain collateral and continue payments was not eliminated by BAPCPA in Kansas due to provisions of state law.
Procedural posture

A chapter 7 matter was before the court on a Motion to Compel Turnover of Vehicle filed by movant creditor and debtor's objection thereto.

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opinion summary, case decided on May 10, 2006 , LexisNexis #0906-040
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In re First Coast Marine

Mar
27
2006
Ruling
Trustee's motion for a determination of the value of corporate debtor's personal property under section 362(h)(1) was denied only because it was not necessary in a case where corporate debtor cannot receive a chapter 7 discharge.
Procedural posture

Pursuant to 11 U.S.C. § 362(h)(1), the chapter 7 trustee filed a motion for a determination that the personal property identified on the corporate debtor's Schedules B and D was of consequential value or benefit to the bankruptcy estate.

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opinion summary, case decided on March 27, 2006 , LexisNexis #0406-108
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