Legal Opinion
Stephens v. Guaranteed Auto, Inc. (In re Stephens)
United States Bankruptcy Court, N.D. Georgia
Decided July 3, 2013No. Bankruptcy No. 13-53261; Adversary No. 13-5062PublishedCited by 10 opinions
1Opinion of the Court
ORDER
PAUL W. BONAPFEL, Bankruptcy Judge.
Guaranteed Auto, Inc., repossessed Alicia Stephen’s car before she filed her Chapter 13 petition. After Guaranteed Auto’s principal, Nick Hart, received actual notice of the filing of the case from Ms. Stephens’ attorney, it refused to return it.
To get her car back, Ms. Stephens filed this adversary proceeding for turnover of the car and damages for Guaranteed Auto’s violation of the automatic stay of 11 U.S.C. § 362(a). She requested, and the Court scheduled, an emergency hearing. Prior to the hearing, Guaranteed Auto sold the car.
Because Guaranteed…
2Cases cited29 opinions
- Rowland v. California Men's Colony, Unit II Men's Advisory CouncilSupreme Court of the United States · 1993
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- Frank Palazzo v. Gulf Oil Corporation, a Pennsylvania CorporationCourt of Appeals for the Eleventh Circuit · 1985
- In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989
- TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
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3Cited by10 opinions
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- Evex Ross FranklinUnited States Bankruptcy Court, M.D. North Carolina · 2020
- Hamby v. FoutsUnited States Bankruptcy Court, N.D. Georgia · 2022
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