X hits on this document

20 views

0 shares

0 downloads

0 comments

9 / 10

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.

CONCLUSION

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

Document info
Document views20
Page views20
Page last viewedSat Dec 03 23:10:51 UTC 2016
Pages10
Paragraphs200
Words2542

Comments