Legal Opinion
Burgner v. Georgia Federal Credit Union (In Re Burgner)
United States Bankruptcy Court, E.D. Tennessee
Decided March 18, 1998No. Bankruptcy No. 95-14865, Adversary No. 97-1033PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM
R. THOMAS STINNETT, Bankruptcy Judge.
The debtor, Mark Anthony Burgner (“Debtor”), filed this adversary proceeding against one of his creditors, Georgia Federal Credit Union (“GFCC”). The complaint alleges that GFCU, despite having knowledge of Debtor’s pending Chapter 13 case, repossessed Debtor’s car without asking for or obtaining from this court an order lifting the automatic stay. The complaint seeks damages from GFCU for willful violation of the automatic stay. 11 U.S.C. § 362(a) & (h). The court now must rule upon two motions— GFCU’s motion to dismiss and Debtor’s motion for…
2Cases cited15 opinions
- John F. Meehan and Robert W. Fink A/K/A Meehan & Fink v. John Snow and Judy SnowCourt of Appeals for the Second Circuit · 1981
- Shepard Claims Service, Inc. v. William Darrah & Associates, a Foreign CorporationCourt of Appeals for the Sixth Circuit · 1986
- Jayedeane Thompson v. American Home Assurance Company, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1996
- In Re Erwin A. Porges, Also Known as E. Allen Porges, Debtor. Erwin A. Porges, Also Known as E. Allen Porges v. Gruntal & Company, IncorporatedCourt of Appeals for the Second Circuit · 1995
- Richard D. Price, Jr., Formerly Doing Business as Richard D. Price, Jr. & Associates, Limited v. James M. Rochford, Kirk A. Holman, Jack C. VieleyCourt of Appeals for the Seventh Circuit · 1991
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3Cited by1 opinion
- Johnson v. SmithCourt of Appeals for the Tenth Circuit · 2009