Boggan v. Hoff Ford, Inc. (In Re Boggan)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
RYAN, Bankruptcy Judge.
In May 1999, Eric Boggan (“Debtor”) took his car to Hoff Ford, Inc. (“Hoff’) for repairs. The repair bill totaled nearly $700. Because Debtor was unable to pay for the repairs, Hoff exercised its state law rights to retain possession of the car as security for repayment.
Two months later, Debtor filed a chapter 131 bankruptcy petition. After unsuccessfully attempting toi regain possession of the car, Debtor filed an adversary complaint (the “Complaint”) against Hoff pursuant to § 542(a) and § 362(a) seeking the recovery of the car and damages for violation of the…
2Cases cited9 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Village Nurseries v. Gould (In Re Baldwin Builders)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Expeditors International of Washington, Inc. v. Colortran, Inc. (In Re Colortran, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
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