Samson v. Western Capital Partners, LLC (In re Blixseth)
- Citation:
- No. 11-60042 BAP No. 10-1334 (9th Cir. June 21, 2012)
- Tag(s):
-
- Ruling:
- Termination of the automatic stay under Section 362(h) applies to all the debtor's personal property securing a creditor's claim, rather than just the personal property scheduled as securing that claim.
- Procedural context:
- AFFIRMED the BAP, 454 B.R. 92 (B.A.P. 9th Cir. 2011), affirmation of the Bankruptcy Court's grant of relief from the automatic stay.
- Facts:
- Debtor pledged personal property to secure a loan for her son. The security agreement and financing statement properly identified the personal property, providing a comprehensive description covering "all personal property of the Debtor wherever located."
Debtor listed the claim of the secured creditor as being secured by personal property located at one of Debtor's residences.
Because the claim was properly listed on Debtor's schedules, a complete description of the personal property securing the claim need not be given on Debtor's schedules.
Where the debtor and trustee fail to file timely objections, lifting the automatic stay applies to all personal property securing the properly listed claim.
- Judge(s):
- Ronald M. Gould, Jay S. Bybee, and Carlos T. Bea.
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