Legal Opinion
In re Denby-Peterson
United States Bankruptcy Court, D. New Jersey
Decided October 20, 2017No. Case No.: 17-15532-ABAPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION
Andrew B. Altenburg, Jr., United States Bankruptcy Judge
I. INTRODUCTION
This court has been asked to decide a dispute between a debtor seeking return of a vehicle that she needs to drive to work and her personal property from inside the vehicle, and the creditor that repossessed it prepetition and refused to return it because it believed that the debtor had surrendered it. The debtor seeks turnover of the vehicle under 11 U.S.C., § 542(a) and damages for violation of the automatic stay under 11 U.S.C. § 362(a)(3).
In applying section 362(a)(3) to the retention of the car…
2Cases cited45 opinions
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Local 28 of the Sheet Metal Workers' International Ass'n v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1986
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989
40 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Joy Denby-Peterson v.Court of Appeals for the Third Circuit · 2019
- In re ShannonUnited States Bankruptcy Court, N.D. Illinois · 2018
- Peterson v. Wells Fargo Bank, N.A. (In re Peterson)United States Bankruptcy Court, D. Connecticut · 2018
- Brian K Thurston and Leann Starman-ThurstonUnited States Bankruptcy Court, D. New Jersey · 2021
- Margavitch, Jr v. Southlake Holdings, LLCUnited States Bankruptcy Court, M.D. Pennsylvania · 2021