TranSouth Financial Corp. v. Sharon (In Re Sharon)

STOSBERG,

dissenting.

The panel’s automatic turnover approach sanctions a procedure used to bludgeon creditors by employing the petition as a device to recover a repossessed vehicle without a hearing. A debtor can then dismiss the petition by simply not filing a plan, which is not required for 15 days after the case is filed. This procedure does not preserve the status quo — it alters the rights of the parties without the opportunity for a hearing. The panel’s strained interpretation of the statutes suggests that “rights” in the property belong to the debtor. Any rights to property lawfully…