Bob Brest Buick, Inc. v. Nissan Motor Corp. in U.S.A. (In Re Bob Brest Buick, Inc.)

DECISION REGARDING (1) MOTION OF NISSAN MOTOR CORPORATION IN U.S.A. FOR RELIEF FROM STAY TO PERMIT RECOUPMENT OR, IN THE ALTERNATIVE, SETOFF AND FOR RELATED RELIEF AND (2) THE CAPTIONED ADVERSARY PROCEEDING

WILLIAM C. HILLMAN, Bankruptcy Judge.

This matter comes before the Court by two converging routes. On July 17, 1991, debtor/plaintiff filed this adversary proceeding seeking turnover of property of the estate pursuant to 11 U.S.C. Secs. 541 and 542 (Count I) and for a declaratory judgment and damages for violation of the automatic stay (Count II). On July 21, 1991, in the principal case,…