UNITED STATES BANKRUTPCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION
JERRY R. RATLIFF and TIFFNEY L. RATLIFF,
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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
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.