Foust v. McNeill

JERRY E. SMITH, Circuit Judge:

The sheriffs office of Pearl River County, Mississippi, executed a writ of replevin by seizing Bobby and Cathy Foust’s convenience store and permitting a creditor to repossess the inventory. The writ directed the officers to take only the fixtures, inventory, and equipment; state law required them to hold the personal property for .two days following seizure. Disregarding both limits, the officers seized the premises and turned over the inventory immediately. The bankruptcy court held that these actions did not violate the Bankruptcy Code, the Fourteenth…