Legal Opinion

Gess v. Randolph Brooks Federal Credit Union (In re Gess)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 18, 2015No. BAP No. 14-6045PublishedCited by 5 opinions

1Opinion of the Court

FEDERMAN, Chief Judge.

Daniel Neale Gess and Amy Lea Garza (the “Debtors”) appeal from the Order of-the Bankruptcy Court1 granting the Randolph Brooks Federal Credit Union relief from the automatic stay with regard to a vehicle. For the reasons that follow, the Order is AFFIRMED.

FACTUAL BACKGROUND

The Debtors filed a joint Chapter 7 bankruptcy petition, pro se, on July 30, 2014.2 Randolph Brooks Federal Credit Union filed a Motion for Relief from Stay regarding a 2008 Chrysler Town & Country van, which had been owned by Debtor Daniel Gess’ father, but was in the Debtors’ possession. The Debtors…

2Cases cited5 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. LNC Investments, Inc. v. First Fidelity BankDistrict Court, S.D. New York · 2000
  3. Crossroads Ford, Inc. v. Dealer Computer Services, Inc. (In Re Crossroads Ford, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
  4. Martens v. Countrywide Home Loans (In Re Martens)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2005
  5. In Re Panther Mountain Land Development, LLCUnited States Bankruptcy Court, E.D. Arkansas · 2010

3Cited by5 opinions

  1. Hartford Accident and Indemnity Company v. Capital Credit UnionUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2025
  2. Justin Dale Raymer and Linda Kay RaymerUnited States Bankruptcy Court, D. Nebraska · 2021
  3. Kanyon Holdings, LLC v. Kevin DandurandUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2026
  4. Kirby v. MohamedDistrict Court, D. Minnesota · 2023
  5. Roy Arrieta v. Shannon SmithUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2025

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