Legal Opinion

Sokolowski v. BankBoston (In Re Sokolowski)

United States Bankruptcy Court, D. Connecticut

Decided June 29, 1998No. 17-31866PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

ISSUE

The issue in this matter is the enforceability, after a debtor’s Chapter 7 case has closed, of two clauses in a retail installment contract (“the contract”), secured by the debtor’s automobile, providing that a bankruptcy filing by the buyer is an event of default permitting repossession of the automobile. Cynthia L. Sokolowski, the debtor (“the debtor”), has raised the issue in a complaint she filed against BankBoston (“the Bank”), the holder of the contract. The complaint seeks a declaratory judgment and an injunction…

2Cases cited17 opinions

  1. In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. BoodrowCourt of Appeals for the Second Circuit · 1997
  2. In Re Thomas Howard Bell and Margaret Louise Bell, Debtors. General Motors Acceptance Corporation v. Thomas Howard Bell and Margaret Louise BellCourt of Appeals for the Sixth Circuit · 1983
  3. In Re Budd George Belanger, Janice Leigh Belanger, Debtors. Home Owners Funding Corporation of America v. Budd George Belanger Janice Leigh BelangerCourt of Appeals for the Fourth Circuit · 1992
  4. Riggs National Bank of Washington, D.C. v. John Gillis Perry, Jr., in Re John Gillis Perry, Jr., DebtorCourt of Appeals for the Fourth Circuit · 1984
  5. General Motors Acceptance Corp. v. Rose (In Re Rose)United States Bankruptcy Court, D. New Jersey · 1982

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3Cited by1 opinion

  1. In Re Sokolowski Debtor, Bankboston, N.A., Appellant-Cross-Appellee v. Cynthia L. Sokolowski, Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 2000

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