Bolen v. Mercedes Benz, Inc. (In Re Bolen)

How courts have described this case

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

• holding that “the continued retention of collateral that was admittedly wrongly repossessed postpetition constitutes a willful violation of the automatic stay when the creditor has notice of the pending bankruptcy”
• finding punitive damages of $12,500.00 appropriate where creditor repossessed debtor's vehicle with notice of the automatic stay, then retained the truck for ten weeks
• finding punitive damages of $12,500.00 appropriate where creditor repossessed debtor's vehicle with notice of the automatic stay, then retained the truck for ten weeks
• finding punitive damages of $12,500.00 appropriate where creditor repossessed debtor’s vehicle with notice of the automatic stay, then retained the truck for ten weeks
• “moving party bears the burden of proof in an action for violation of the automatic stay and must prove the violation by clear and convincing evidence”
• finding a willful violation of the stay where the creditor’s repossession agents at the time of repossession were provided proof of the bankruptcy filing but repossessed vehicle and continued to retain vehicle

Source: CourtListener parenthetical corpus (CC0).