Carter v. First National Bank of Crossett
- Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
- 10 years 1 month ago
- Citation:
- ______ Fed.Appx. ____
- Tag(s):
-
- Ruling:
- Bank did not willfully violate the automatic stay when it continued a replevin action against a assigned its assets to the debtor. Because the bank did not know, it did not act willfully and the bankruptcy court did not abuse its discretion in denying sanctions against the bank.
- Procedural context:
- Appeal from the Eighth Circuit BAP, 502 B.R. 333 (8th Cir. BAP 2013).
- Facts:
- Debtor owned a logging company. The company assigned all of its assets to the debtor, who than filed a bankruptcy petition. The bank did not know about the assignment and continued its repevin action against the business. The debtor moved for sanctions for willful violation of the automatic stay.
- Judge(s):
- Bye, Shepherd, Kelly
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