Robert Butler v. Ford Motor Credit Company

The sole issue in this appeal is whether under Mississippi law, a secured creditor breaches the peace, and therefore illegally repossesses a vehicle, when he makes an unauthorized entry onto the driveway of the debtor’s residence to remove the vehicle. We hold that he does not, and we therefore affirm a summary judgment for the creditor in this case.

I

Robert Butler (“Butler”) brought an action in Mississippi state court alleging that Ford Motor Credit Company (“FMCC”) illegally repossessed his truck. 1 FMCC removed the case to the United States District Court for the Southern District of…