Unified People's Federal Credit Union v. Yates (In Re Yates)

How courts have described this case

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

• “This Court holds that the [creditor] violated the automatic stay by refusing to turn over the GMC after [the debtor] filed her bankruptcy petition.”
• secured creditor’s post-petition retention of vehicle repossessed pre-petition amounts to willful violation of the stay
• “As a practical matter, there is little difference between a creditor who obtains property of the estate before bankruptcy is filed, or after bankruptcy is filed.”
• creditor’s postpetition retention of motor vehicle which it had lawfully repossessed from debtors prepetition constituted an “exercise of control” over property of the estate and violated automatic stay
• “As a practical matter, there is little difference between a creditor who obtains property of the estate before bankruptcy is filed, or after bankruptcy is filed.”
• “Whether the party believes in good faith that it had a right to the property is not relevant to whether the act was willful or whether compensation must be awarded.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).