- 11 U.S.C.
Narro v. Ford Motor Credit (In re Narro)
Sep
12
2012
Ruling
Postdischarge repossession of vehicle securing reaffirmed debt did not violate discharge injunction.
Procedural posture
Plaintiff debtors filed a Complaint styled "Complaint to Compel Turnover of Property and for Willful Violation of the Discharge Injunction." Defendant was a vehicle creditor. The creditor moved to dismiss. The Motion to Dismiss cited Fed. R. Civ. P. 12(b)(6) as the basis of the motion. The Memorandum in Support of the Motion, Part II, also sought dismissal for lack of subject matter jurisdiction, implicating Rule 12(b)(1).
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Court
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