
In Re also: Tommy Dean JOHNSON and you will…
United states Judge from Appeals,10th Circuit.
During the Lso are: Tommy Dean JOHNSON and you can Candice Ann Johnson, Debtors, Tommy Dean Johnson; Candice Ann Johnson, Plaintiffs-Appellees, v. Keith Smith, privately so when Vice-president regarding Meters & Meters Vehicles Retailer-Wyoming, Inc.; Meters & M Automobile Outlet-Wyoming, Inc., a beneficial Wyoming Company, Defendants-Appellants.
Zero. 05-8089.
M & M Car Retailer-Wyoming, Inc. appeals this new deserves part of a bankruptcy proceeding Appellate Committee decision affirming the newest Wyoming bankruptcy court’s dedication one Meters & Meters willfully violated this new automated remain away from 11 U.S.C. § 362 from the repossessing a pickup truck immediately after a part 13 personal bankruptcy petition ended up being submitted. Meters & M’s attention gift ideas a number of points, including the finality of the BAP decision, the burden out of evidence necessary for § 362, the definition out-of “willful” not as much as § 362, while the applying of you to definition to help you Meters & M’s methods.
So it tortured facts regarding “a trailer and people who perform enjoys it” first started whenever Debtors Tommy Dean and Candice Ann Johnson ordered a beneficial pickup out-of Yards & M. Johnson v. Smith (When you look at the re also Johnson), 330 B.Roentgen. 880 (table), 2005 WL 2300370, during the *step 1 (BAP 10th Cir. ). Pursuant to a shopping Cost Price and you will Security Contract (new “Conversion Offer”) finalized because of the people into , Debtors provided to find the car to possess $thirteen,138. Product sales Price specified that Debtors tends to make a beneficial $2,three hundred deposit, composed of $step 1,five hundred in earlier times paid off to help you Meters & M on hit a brick wall purchase of a different automobile, $five hundred into the cash, and you can a great deferred $3 hundred fee due , Debtors paid the additional $five hundred, grabbed palms of the car, and acquired a statement off Sales. Leer más «In Re also: Tommy Dean JOHNSON and you will Candice Ann Johnson (2007)»