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§ 362(h)(1)(A)

In re Hoisington

Ruling
Relief from stay to proceed against interest in motor vehicle not necessary where stay had terminated due to debtor's failure to surrender, redeem or reaffirm.
Procedural posture

Movant creditor sought relief from stay in connection with its interest in a vehicle. Specifically, the creditor asked the court to allow it to proceed against the property as permitted by 11 U.S.C.S. § 362(h)(1)(A). Debtors, seeking to retain the vehicle, opposed the motion.

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Consumer opinion summary, case decided on January 30, 2008 , LexisNexis #0208-109

In re Steinhaus

Ruling
Stay terminated 30 days after filing where debtor did not elect to either redeem or reaffirm debt secured by automobile.
Procedural posture

A creditor filed a motion to confirm termination of an automatic stay, compel surrender of a vehicle, and authorize foreclosure upon the vehicle in the debtors'chapter 7 case. The court held a hearing on the motion.

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opinion summary, case decided on September 01, 2006 , LexisNexis #1006-042

In re Rowe

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