Legal Opinion
In re McCann
United States Bankruptcy Court, S.D. New York
Decided September 10, 2015No. Case No. 15-35045 (CGM)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION FINDING INEFFECTIVE SURRENDER, VIOLATION OF THE AUTOMATIC STAY AND GRANTING RELIEF FROM STAY
CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE
Debtor attempted to surrender her vehicle to the lienholder, Community Bank, by transferring possession of her vehicle to a third party, EZCR Financial Inc. Once in possession of the vehicle, EZCR Financial, Inc. began assessing storage fees for holding the vehicle at a rate of $75 per day against lienholder, Community Bank, and asserts a mechanic’s lien on the vehicle for the unpaid storage fees. As surrender is not effective…
2Cases cited23 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Executive Benefits Insurance Agency v. ArkisonSupreme Court of the United States · 2014
- In Re Fugazy Express, Inc.Court of Appeals for the Second Circuit · 1992
- In Re Warren L. Taylor, Jr., Cathy L. Taylor, Debtors. Warren L. Taylor, Jr., Cathy L. Taylor v. Age Federal Credit UnionCourt of Appeals for the Eleventh Circuit · 1993
- Lincoln Savings Bank, FSB v. Suffolk County Treasurer (In re Parr Meadows Racing Ass'n)Court of Appeals for the Second Circuit · 1989
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3Cited by5 opinions
- HSBC Bank USA, N.A. v. ZairDistrict Court, E.D. New York · 2016
- In re Denby-PetersonUnited States Bankruptcy Court, D. New Jersey · 2017
- In re HigleyUnited States Bankruptcy Court, D. Vermont · 2015
- In re: Kris Daniel RoglieriUnited States Bankruptcy Court, N.D. New York · 2026
- In re: Tiffany LopezUnited States Bankruptcy Court, S.D. New York · 2026