· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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