Legal Opinion
TranSouth Financial Corp. v. Sharon (In Re Sharon)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided June 4, 1999No. BAP 98-8034PublishedCited by 131 opinions
1Opinion of the Court
OPINION
TranSouth Financial Corporation appeals the order of the bankruptcy court that held TranSouth violated the automatic stay and that imposed sanctions under 11 U.S.C. § 362(h). We affirm.
_-I. Issues on Appeal1
1) Whether the bankruptcy court correctly determined that TranSouth violated the automatic stay by withholding possession of the Chapter. 13 Debtor’s car after demand and tender of adequate protection by the Debtor.
2) Whether the bankruptcy court abused its discretion by imposing sanctions of $2,122.50 on TranSouth for the stay violation.
II. Jurisdiction and Standard of Review
The…
2Cases cited37 opinions
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990
- In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989
- Richard D. Price, Jr., Formerly Doing Business as Richard D. Price, Jr. & Associates, Limited v. James M. Rochford, Kirk A. Holman, Jack C. VieleyCourt of Appeals for the Seventh Circuit · 1991
32 more not listed; retrieve them via the Exa API.
3Cited by131 opinions
- Thompson v. General Motors Acceptance Corp., LLCCourt of Appeals for the Seventh Circuit · 2009
- Johnson v. Smith (In Re Johnson)Court of Appeals for the Tenth Circuit · 2007
- Kerney v. Capital One Financial Corp. (In Re Sims)United States Bankruptcy Court, E.D. Tennessee · 2002
- In Re FlackUnited States Bankruptcy Court, S.D. Ohio · 1999
- In Re OcasioBankruptcy Appellate Panel of the First Circuit · 2002
126 more not listed; retrieve them via the Exa API.