Legal Opinion

Moore v. Complete Cash Holdings, LLC (In Re Moore)

United States Bankruptcy Court, N.D. Georgia

Decided March 31, 2011No. 15-70010PublishedCited by 21 opinions

1Opinion of the Court

ORDER

PAUL W. BONAPFEL, Bankruptcy Judge.

The Debtors in this Chapter 13 case failed to give notice of its filing to the Pawnbroker 1 to which they had pawned two motor vehicles. Some 18 months after the filing, the Pawnbroker, without knowledge of the bankruptcy case, repossessed them.

The Debtors seek the return of the vehicles and damages on the ground that the pawnbroker violated the automatic stay of 11 U.S.C. § 362(a). [Docket No. 48]. The Pawnbroker seeks relief from the stay under § 362(d). [Docket No. 46].

For reasons set forth below, 2 the Court concludes that the pawned vehicles were…

2Cases cited34 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. In Re Atlantic Business and Community CorporationCourt of Appeals for the Third Circuit · 1990
  4. Charles R. Hall Motors, Inc. v. LewisCourt of Appeals for the Eleventh Circuit · 1998
  5. Bell-Tel Federal Credit Union v. KalterCourt of Appeals for the Eleventh Circuit · 2002

29 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Max v. Northington (In Re Northington)Court of Appeals for the Eleventh Circuit · 2017
  2. Francis v. Scorpion Group, LLC (In re Francis)United States Bankruptcy Court, N.D. Georgia · 2013
  3. In re HowardUnited States Bankruptcy Court, N.D. Georgia · 2014
  4. Paul v. South Georgia Title Pawn (In re Paul)United States Bankruptcy Court, M.D. Georgia · 2015
  5. In re BramlettUnited States Bankruptcy Court, N.D. Alabama · 2012

16 more not listed; retrieve them via the Exa API.

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