Nelson v. Post Falls Mazda (In Re Nelson)

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Chief Judge.

Shiloh, Inc., dba Post Falls Mazda (“Shiloh”) and Terry Jordan (“Jordan”), defendants in the above-captioned adversary proceeding, move for summary judgment, or in the alternative for partial summary judgment in favor of Jordan. Kenneth and Vickie Nelson (“debtors”), the debtors in the underlying bankruptcy, oppose the motion.

This adversary proceeding is a complaint for violation of the automatic stay imposed by section 362 of the Bankruptcy Code. Debtors allege that Shiloh, and Jordan as its principal, wrongfully repossessed their vehicle on…