Leverette v. NCNB South Carolina (In Re Leverette)

ORDER

WILLIAM THURMOND BISHOP, Bankruptcy Judge.

Before the court is an adversary proceeding brought by George Willie Leverette and Wendy Brown Leverette (“the debtors”) against NCNB South Carolina seeking the turnover of debtors’ repossessed automobile from the defendant pursuant to 11 U.S.C. § 542(a) 1 , 2 . The debtors also seek a finding of contempt and an award of attorney fees.

NCNB South Carolina asserts that the automobile was not property of the estate on the date of filing pursuant to § 541 but if so, it nevertheless is not subject to a § 542 motion for turnover because the automobile…