Legal Opinion
Spears v. Ford Motor Credit Co. (In Re Spears)
United States Bankruptcy Court, N.D. Illinois
Decided August 6, 1998No. 19-05659PublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOAN H. LEFKOW, Bankruptcy Judge.
Plaintiff-debtor, Debra E. Spears (“plaintiff’), has brought this adversary proceeding to recover a 1997 Ford Escort that she purchased under a retail installment sales contract financed by defendant, Ford Motor Credit Company (“FMCC”). In addition, she moves that FMCC be sanctioned for willfully violating the automatic, stay in her case under Chapter 13 of the Bankruptcy Code (“Code”), 1 11 U.S.C. §§ 1301 et seq.
Because it repossessed the vehicle before plaintiff filed her Chapter 13 petition, FMCC takes the position that the vehicle is not…
2Cases cited34 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989
- In the Matter of USA Diversified Products, Inc., Debtor. R. David Boyer, Trustee v. Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A.Court of Appeals for the Seventh Circuit · 1996
- Charles R. Hall Motors, Inc. v. LewisCourt of Appeals for the Eleventh Circuit · 1998
- Martino v. First National Bank of Harvey (In Re Garofalo's Finer Foods, Inc.)District Court, N.D. Illinois · 1995
29 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- Thompson v. General Motors Acceptance Corp., LLCCourt of Appeals for the Seventh Circuit · 2009
- Will v. Ford Motor Credit Co. (In Re Will)District Court, N.D. Illinois · 2003
- Mitchell v. BankIllinoisDistrict Court, S.D. Texas · 2004
- Harris v. Memorial Hospital (In Re Harris)United States Bankruptcy Court, N.D. Ohio · 2007
13 more not listed; retrieve them via the Exa API.