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· 5/31/1991

Abrams v. Southwest Leasing & Rental Inc. (In Re Abrams)

Citations

  • 127 B.R. 239
  • 25 Collier Bankr. Cas. 2d 15
  • 91 Daily Journal DAR 7319
  • 1991 Bankr. LEXIS 776
  • 21 Bankr. Ct. Dec. (CRR) 1283
  • 1991 WL 99607

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • electing to follow the Eighth Circuit and majority trend that knowing retention of estate property is a stay violation
  • failure to return repossessed car after receiving notice of Chapter 7 filing constituted a violation of the automatic stay
  • creditor must relinquish property of the estate within a reasonable time period after notice of the bankruptcy case
  • creditor 'which repossessed a debtor’s car post-petition also violated the stay by failing to take any reasonable steps to remedy its action
  • continued retention of repossessed property after creditor had been notified of debtors’ bankruptcy filing was itself a willful violation of the stay
  • creditor’s continuing retention of repossessed vehicle after receiving notice of bankruptcy violated the automatic stay

Source: CourtListener parenthetical corpus (CC0).

Judges: Volinn, Ollason, Perris

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.