Legal Opinion

In Re Fitch

United States Bankruptcy Court, S.D. California

Decided February 2, 1998No. 19-00455PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM DECISION

PETER W. BOWIE, Bankruptcy Judge.

The Chapter 13 debtor has moved for an order imposing sanctions against a secured creditor for its refusal to return the debtor’s automobile which the creditor repossessed prepetition. For the reasons set forth below the Court denies the debtor’s motion.

This Court has jurisdiction to determine this matter pursuant to 28 U.S.C. §§ 1334 and 157(b)(1) and General Order No. 312-D of the United States District Court for the Southern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (C) and (G).

FACTS

On…

2Cases cited18 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  3. Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
  4. In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989
  5. In Re Charles Stringer, Ii, Debtor. Charles Stringer, Ii, Debtor-Appellant v. Aristela Huet, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1988

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3Cited by17 opinions

  1. TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
  2. Mitchell v. BankIllinoisDistrict Court, S.D. Texas · 2004
  3. Spears v. Ford Motor Credit Co. (In Re Spears)United States Bankruptcy Court, N.D. Illinois · 1998
  4. Barringer v. Eab Leasing (In Re Barringer)United States Bankruptcy Court, E.D. Michigan · 1999
  5. Stephens v. Guaranteed Auto, Inc. (In re Stephens)United States Bankruptcy Court, N.D. Georgia · 2013

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

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