In re Smith
Dec
19
2005
Ruling
Debtors were awarded damages for the creditor's attempt to repossess the debtor's car in violation of the automatic stay.
Procedural posture
Debtors filed a motion for sanctions pursuant to 11 U.S.C. § 362(h), as it existed prior to the amendments provided by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, alleging that a creditor and the creditor's repossession agent willfully violated the automatic stay by attempting to repossess the debtors' automobile during their ongoing chapter 13 bankruptcy case.
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Court
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