Matter of Sielaff
United States Bankruptcy Court, W.D. Michigan
1Opinion of the Court
OPINION REGARDING APPLICABILITY OF AUTOMATIC STAY AND DEBTOR’S MOTION FOR CONTEMPT
JAMES D. GREGG, Bankruptcy Judge.
I. ISSUES
There are two .major issues raised in this contested matter. First, did the Debtor hold an interest in a certain vehicle which was protected by the automatic stay imposed under 11 U.S.C. § 362(a)? Second, if so, did the Bank willfully violate the automatic stay by repossessing the vehicle postpetition?
II. JURISDICTION
This court has jurisdiction over this contested matter pursuant to 28 U.S.C. § 1334. This matter is a core proceeding in accordance with 28 U.S.C. §…
2Cases cited12 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990
- David ARCHER, Plaintiff-Appellee, v. MACOMB COUNTY BANK, Defendant-AppellantCourt of Appeals for the Sixth Circuit · 1988
- Schewe v. Fairview Estates (In Re Schewe)United States Bankruptcy Court, W.D. Michigan · 1989
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Feltman v. Warmus (In Re American Way Service Corp.)United States Bankruptcy Court, S.D. Florida. · 1999
- In Re PrintupUnited States Bankruptcy Court, E.D. Tennessee · 2001
- Henry v. Associates Home Equity Services, Inc. (In Re Henry)United States Bankruptcy Court, C.D. California · 2001
- Smith v. GTE North Inc. (In Re Smith)United States Bankruptcy Court, N.D. Ohio · 1994
- Meis-Nachtrab v. Griffin (In Re Meis-Nachtrab)United States Bankruptcy Court, N.D. Ohio · 1995
10 more not listed; retrieve them via the Exa API.