Barclays American Financial v. Hendricks (In Re Hendricks)

MEMORANDUM AND ORDER

STEWART E. BLAND, Bankruptcy Judge.

This bankruptcy case comes before the Court on motion of the plaintiff-creditor for costs and attorney’s fees. Originally, this Court’s jurisdiction was invoked pursuant to 11 U.S.C. § 362 wherein plaintiff sought to have the automatic stay terminated in order to obtain possession of its collateral by availing itself of its nonbankruptcy law remedies.

The debtor filed its petition for relief on August 7, 1980, and a meeting of creditors was set to September 9, 1980. Subsequently, on November 13, the plaintiff filed its complaint.…