In Re Cepero

How courts have described this case

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

• prohibiting a creditor from asserting any claim against a debtor relating to a repossessed vehicle when the creditor willfully violated the automatic stay
• awarding punitive damages “to punish [the creditor], and deter it from future violations of the automatic stay, and to properly encourage [the creditor] to institute procedures that will avoid future violations”
• awarding $1,832.40 in actual damages and $12,000 in punitive damages where creditor repossessed debtor’s vehicle post-petition despite debtor’s counsel leaving a voicemail for the creditor informing creditor of the bankruptcy filing
• “Despite the lawful prepetition repossession, [creditor] violated the automatic stay of § 362(a)(3) by maintaining possession of the Accord after receiving notice of the bankruptcy filing.”
• fact that creditor too busy to check records in timely manner does not detract from willfulness of conduct
• “Despite the lawful pre-petition repossession, [creditor] violated the automatic stay of § 362(a)(3) by maintaining possession of the [vehicle] after receiving notice of the bankruptcy filing.”

Source: CourtListener parenthetical corpus (CC0).