Brickel v. Merchants National Bank of Manchester (In Re Brickel)

FREDERICK A. JOHNSON, Bankruptcy Judge.

On February 11, 1981 the Debtor filed a petition under Chapter 13 of the Bankruptcy Code, 11 U.S.C. §§ 1301 et seq. Simultaneously the Debtor commenced this adversary proceeding alleging that the Defendant wrongfully repossessed the Debtor’s 1975 Peterbilt tractor on January 30, 1981. 1 Plaintiffs contend that the intimidating presence of a uniformed police officer accompanying the Defendant purporting to engage in “self-help” repossession of the Debtor’s tractor constituted constructive force and a breach of peace in violation of 11 M.R.S.A. § 9-503.…