Reid v. Citadel Financial Credit Union (In Re Reid)

MEMORANDUM

BRUCE I. FOX, Bankruptcy Judge.

The above-captioned chapter 13 debtor, Kimberly D. Reid, filed an adversary proceeding seeking turnover of her automobile from defendant Citadel Federal Credit Union. In addition to the injunctive relief of turnover, the debtor asserted in her complaint that the defendant violated the automatic stay by retaining possession of the vehicle after learning of her bankruptcy filing, and thus she demanded damages (including punitive damages) and attorney’s fees under 11 U.S.C. § 362(k).

At a preliminary injunction hearing held before my colleague, Chief Judge…