In re McFall
Nov
22
2006
Ruling
Auto repossession did not violate stay which had expired due to debtor's failure to indicate intention to reaffirm debt or redeem collateral.
Procedural posture
Debtor, an individual, moved for an order requiring claimant, a secured creditor, to show cause why it should not be held in contempt for allegedly violating the automatic stay. At issue was whether debtor's statement that he intended to retain certain collateral and to make regular monthly payments thereon satisfied the requirements of 11 U.S.C. § 362(h)(1).
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Court
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