Chrysler Credit Corp. v. Sparago (In Re Sparago)
United States Bankruptcy Court, E.D. New York
1Opinion of the Court
OPINION
CECELIA H. GOETZ, Bankruptcy Judge:
The issue in this adversary proceeding is whether the plaintiff, a finance company, is entitled to a judgment vacating the automatic stay and directing the trustee to abandon a vehicle owned by the debtor-defendant, Mario Sparago, so as to permit the plaintiff to repossess such vehicle, despite the fact that the debtor is current on his payments to the finance company, but is in default under an ipso facto bankruptcy clause.
THE FACTS
The facts are not in dispute.
Sometime before Mario Sparago, the debtor herein, filed for relief under Chapter 7 of the…
2Cases cited6 opinions
- In Re WhatleyUnited States Bankruptcy Court, N.D. Ohio · 1982
- Chrysler Credit Corp. v. Schweitzer (In Re Schweitzer)United States Bankruptcy Court, E.D. New York · 1982
- Matter of AvisUnited States Bankruptcy Court, S.D. Ohio · 1980
- In Re JenkinsUnited States Bankruptcy Court, E.D. Virginia · 1980
- In RE D. McGRANNUnited States Bankruptcy Court, E.D. Pennsylvania · 1980
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Johnson v. Smith (In Re Johnson)Court of Appeals for the Tenth Circuit · 2007
- Moreira v. Digital Employees Federal Credit Union (In Re Moreira)United States Bankruptcy Court, D. Massachusetts · 1994
- First Security Bank of Utah v. CreechUtah Supreme Court · 1993
- In Re MitchellUnited States Bankruptcy Court, D. Nevada · 1988
- In Re HughesUnited States Bankruptcy Court, E.D. New York · 1989
3 more not listed; retrieve them via the Exa API.