Legal Opinion
Rutherford v. Auto Cash, Inc. (In Re Rutherford)
United States Bankruptcy Court, N.D. Georgia
Decided August 29, 2005No. 16-62933PublishedCited by 7 opinions
1Opinion of the Court
ORDER
W. HOMER DRAKE, Jr., Bankruptcy Judge.
Dimetrice Rutherford (hereinafter the “Debtor”) seeks sanctions against Auto Cash, Inc. (hereinafter the “Defendant”) pursuant to section 362(h) of the Bankruptcy Code. The Debtor contends that the Defendant willfully violated the automatic stay when it refused to turn over the Debtor’s vehicle, which the Defendant repossessed prior to the filing of the Debt- or’s bankruptcy petition. The Defendant opposes sanctions, arguing that it did not violate the automatic stay by failing to turn over the vehicle in the absence of a court order determining that…
2Cases cited23 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- In Re Weiner Merchant, Debtor. Andrews University v. Weiner MerchantCourt of Appeals for the Sixth Circuit · 1992
- TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
18 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Roche v. Pep Boys, Inc. (In Re Roche)United States Bankruptcy Court, N.D. Georgia · 2005
- In Re PerezUnited States Bankruptcy Court, S.D. Texas · 2006
- Green Tree Servicing, LLC v. Taylor (Taylor)District Court, S.D. West Virginia · 2007
- Castillo v. Three Aces Auto Sales (In Re Castillo)United States Bankruptcy Court, N.D. Georgia · 2011
- Stephens v. Guaranteed Auto, Inc. (In re Stephens)United States Bankruptcy Court, N.D. Georgia · 2013
2 more not listed; retrieve them via the Exa API.