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§ 521(a)(2)(B)

In re Beard

Ruling
Repossession did not violate stay where debtor failed to timely specify intention to reaffirm on original contract terms.
Procedural posture

A chapter 7 debtor filed a motion for sanctions against a creditor alleging that its repossession of her vehicle violated the automatic stay under 11 U.S.C.S. § 362(a). The debtor requested sanctions for damages incurred and an order directing the creditor to return the vehicle. The creditor alleged that the debtor's motion was filed in violation of Fed. R. Bankr. P. 9011 and requested reimbursement of its reasonable attorney's fees.

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Consumer opinion summary, case decided on March 14, 2012 , LexisNexis #0412-080

In re Herrera

Ruling
Stay terminated with respect to debtor's vehicle due to failure to timely perform indentation.
Procedural posture

This matter came before the court on a creditor's motion for relief under 11 U.S.C.S. § 362(d)(1) from the automatic stay and debtor's cross-motion to redeem a motor vehicle under 11 U.S.C.S. § 722, from the creditor's lien.

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Consumer opinion summary, case decided on July 08, 2011 , LexisNexis #0811-013