[CLBS] Potential stay violation

[Paul Ross]

This case blew up the listserv's recently.  I seem to remember the listserv
does not allow attachments so here is a link.  I thought this was the same
position in the 9th, but I have not researched it for a while.

http://www.ncbrc.org/briefs/2012/09/11/weber-v-sefcu-no-12-1632-2d-cir/

Paul


On Thu, Sep 24, 2015 at 4:13 PM, Matthew T. Christensen <MTC at angstman.com>
wrote:

> Was the repossession validly done, or did they somehow violate Idaho repo
> statutes?  I would think, if the repo was validly done, that it's not a
> stay violation - the property ceased being property of the Debtor (see
> Section 541(b)(8)).
>
>
>
> However, I might be wrong - and someone smarter than me can correct me.  :)
>
>
>
> MTC
>
>
>
>
> Matthew T. Christensen
>
> (208) 384-8588
>
> mtc at angstman.com
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> -----Original Message-----
> From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Patrick J.
> Geile
> Sent: Thursday, September 24, 2015 3:22 PM
> To: Bankruptcy list <clbs at admws.idaho.gov>
> Subject: [CLBS] Potential stay violation
>
>
>
>
>
>
>
> Is it a stay violation for a creditor who repossessed a vehicle prior to
> filing bankruptcy, to maintain control over the vehicle and not return the
> vehicle?
>
>
>
> Patrick J. Geile
>
> Foley Freeman PLLC
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