bankruptcy system would become if all secured creditors had the sort of well-oiled
repossession-and-sale machine that Paxon utilized. However, the Court cannot use a
non-adversary motion for sanctions to punish a creditor for protecting its interests as
effectively and efficiently as possible without finding that that creditor violated the
automatic stay. The only relevant issues in a § 362(h) are the timing of acts to collect and
the creditor’s knowledge of a debtor’s petition.
Based upon the evidence presented, the Court finds that Paxon did not violate the
automatic stay. The Court does not address Debtors’ claim for damages under Florida
Statutes § 679.504 as it is not properly before the Court.
The Court will separately enter an order denying Debtors’ Motion for Sanctions in
accordance with these Findings of Fact and Conclusions of Law.
DATED August 23, 2000, at Jacksonville, Florida.
______________________________ JERRY A. FUNK United States Bankruptcy Judge