Legal Opinion
Santander Consumer, USA, Inc. v. Houlik (In re Houlik)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided October 29, 2012No. BAP No. KS-11-096; Bankruptcy No. 09-12159PublishedCited by 28 opinions
1Opinion of the Court
CORNISH, Bankruptcy Judge.
Creditor appeals an order of the bankruptcy court awarding actual damages of $474.86 and punitive damages of $25,000 to the individual Chapter 11 debtors as a sanction for its repossession of their vehicle.1 Believing the debtors had missed two monthly payments, creditor repossessed the vehicle approximately one year after the confirmed Chapter 11 plan re-vested the vehicle in debtors subject to creditor’s rights in the collateral, and approximately two months after debtors’ case had been voluntarily closed without discharge. After a thorough review of the record and…
2Cases cited27 opinions
- Catlin v. United StatesSupreme Court of the United States · 1945
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
22 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ridley v. M & T Bank (In re Ridley)United States Bankruptcy Court, E.D. Oklahoma · 2017
- John Williams v. United States Bankruptcy Court for the District of New MexicoBankruptcy Appellate Panel of the Tenth Circuit · 2018
- In Play Membership Golf, Inc. v. Billy Casper Golf, LLC (In re In Play Membership Golf, Inc.)United States Bankruptcy Court, D. Colorado · 2017
- Savage & Associates, P.C. ex rel. Teligent, Inc. v. 1201 Owner Corp. (In re Teligent Inc.)United States Bankruptcy Court, S.D. New York · 2013
- In re QuinteroUnited States Bankruptcy Court, D. New Mexico · 2014
23 more not listed; retrieve them via the Exa API.