- 11 U.S.C.
Rutherford v. Auto Cash Inc. (In re Rutherford)
Aug
29
2005
Ruling
Sanctions for willful violation of the automatic stay were imposed on a creditor who repossessed a vehicle prior to the debtor's filing and refused turnover without a court order.
Procedural posture
Plaintiffs, debtors, sought sanctions against defendant creditor pursuant to 11 U.S.C. § 362(h). The debtors contended that the creditor willfully violated the automatic stay when it refused to turn over a vehicle, which the creditor repossessed prior to the filing of the petition. The creditor argued that before turning over the vehicle, it was entitled to a court order determining that the creditor's interest in the vehicle was adequately protected.
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Court
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