Legal Opinion

Hayden v. Wells (In Re Hayden)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 24, 2004No. BAP No. WW-03-1385-MoMeP, Bankruptcy No. 02-40492, Adversary No. 02-04103PublishedCited by 11 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

Prior to the petition date, the state police ordered impoundment of the debtors’ vehicle, and the defendant towing company took possession of it. After the debtors filed bankruptcy, they repeatedly requested the towing company to turn over the vehicle. The towing company refused. Approximately six weeks after the bankruptcy petition was filed and following a conditional order of turnover, the towing company released the vehicle to the debtors. The debtors then filed an adversary proceeding pursuant to 11 U.S.C. § 362(h) 2 for damages arising from a wilful…

2Cases cited7 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. Jodoin v. Samayoa (In Re Jodoin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  3. Abrams v. Southwest Leasing & Rental Inc. (In Re Abrams)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
  4. Groner v. Miller (In Re Miller)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  5. Expeditors International of Washington, Inc. v. Colortran, Inc. (In Re Colortran, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. In re RichterUnited States Bankruptcy Court, C.D. California · 2015
  2. Rafter Seven Ranches L.P. v. WNL Investments, L.L.C. (In Re Rafter Seven Ranches L.P.)Bankruptcy Appellate Panel of the Tenth Circuit · 2009
  3. In re PeakeUnited States Bankruptcy Court, N.D. Illinois · 2018
  4. In re HallUnited States Bankruptcy Court, District of Columbia · 2014
  5. In re ShannonUnited States Bankruptcy Court, N.D. Illinois · 2018

6 more not listed; retrieve them via the Exa API.

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