Legal Opinion

Duane L. Bentley

United States Bankruptcy Court, E.D. Kentucky

Decided October 2, 2019No. 18-20281Unknown

1Opinion

UUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF KENTUCKY COVINGTON DIVISION IN RE DUANE L. BENTLEY CASE NO. 18-20281 DEBTOR MEMORANDUM OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT REGARDING DEBTOR’S MOTION FOR CONTEMPT AGAINST ONEMAIN A chapter 7 debtor who elected to surrender a vehicle contends that the lienholder must either repossess the vehicle or release its lien to avoid contempt. This is not the law. As explained below, a creditor that fails to do one or the other does not necessarily violate the discharge injunction. This matter is before the Court to resolve Debtor’s…

2Cases cited12 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Johnson v. Home State BankSupreme Court of the United States · 1991
  4. Taft Broadcasting Company v. United StatesCourt of Appeals for the Sixth Circuit · 1991
  5. Taggart v. LorenzenSupreme Court of the United States · 2019

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