Abrams v. Southwest Leasing & Rental Inc. (In Re Abrams)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
A lessor without knowledge of the debtors’ bankruptcy caused the post-petition repossession of the debtors’ leased automobile. The lessor received notice of the bankruptcy the day of the repossession but ■refused to return the vehicle. The trial court concluded that no compensable violation of the automatic stay had occurred and denied damages under § 362(h) 1 of the Bankruptcy Code. However, the court awarded the debtors damages under § 105 2 for the lessor’s unlawful detention of the debtors’ property despite the requirements of § 542 3 . We REVERSE and…
2Cases cited11 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
- In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
- In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989
- In Re Charles Stringer, Ii, Debtor. Charles Stringer, Ii, Debtor-Appellant v. Aristela Huet, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1988
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3Cited by77 opinions
- TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- Diviney v. Nationsbank of Texas (In Re Diviney)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
- Thompson v. General Motors Acceptance Corp., LLCCourt of Appeals for the Seventh Circuit · 2009
- Franchise Tax Board v. Roberts (In Re Roberts)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- In Re YoungDistrict Court, District of Columbia · 1996
72 more not listed; retrieve them via the Exa API.