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UNITED STATES BANKRUTPCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

IN RE:

JERRY R. RATLIFF and TIFFNEY L. RATLIFF,

CASE NO.:

00-4720-3F3

Debtors.

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This Case is before the Court on the Motion for Sanctions Pursuant to 11 U.S.C. §

362 filed by Jerry R. Ratliff and Tiffney L. Ratliff (“Debtors”) on June 29, 2000 (Doc.

10). After a hearing on this Motion on August 2, 2000, the Court took this matter under

advisement. Upon review of the evidence presented and of the arguments and

submissions of counsel, the Court makes the following Findings of Fact and Conclusions

of Law.

FINDINGS OF FACT

On July 27, 1999, Debtors purchased a 1990 Chevy Blazer (“vehicle”) from

Paxon Motors, Inc. (“Paxon”) with purchase money financing from Paxon. Paxon

retained a security interest in the vehicle.

On December 10, 1999, Debtors voluntarily filed their first Chapter 13

bankruptcy petition, Case No. 99-09436-3P3. Paxon’s president, Mr. Barrows, testified

at trial that Debtors, at the time of their first filing, had fallen $3,000 behind in payments

on the vehicle. Debtors had no equity in the vehicle.

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