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Southern District

Thomas v. Bayou Concrete LLC

Defendants, a company and three persons, asserted that pro se individual's American with Disabilities Act claims against them had to be dismissed because the individual failed to list the present case as a potential asset in his chapter 7 bankruptcy case, which had been discharged.
Ruling: 
Amercians With Disabilities Act action dismissed due to discharged debtor's failure to schedule claim.
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Bentley v. Nissan Motor Acceptance Corp. (In re Bentley)

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.
Ruling: 
Creditor's knowing repossession of debtor's vehicle was a willfull violation of stay.
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