FLOURNOY v. CITY FINANCE OF COLUMBUS, INC.

No. 81-7736.

679 F.2d 821 (1982)

Joe M. FLOURNOY, Plaintiff-Appellant, v. CITY FINANCE OF COLUMBUS, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 14, 1982.


Attorney(s) appearing for the Case

Araguel, Sanders & Carter, Charles C. Carter, Columbus, Ga., for plaintiff-appellant.

William L. Slaughter, Columbus, Ga., for defendant-appellee.

Before GODBOLD, Chief Judge, MERRITT and HENDERSON, Circuit Judges.


HENDERSON, Circuit Judge:

The sole question on this appeal is whether a secured creditor who repossesses a debtor's automobile without legal process, as permitted by Georgia Code § 109A-9-503 (Rev.1979), is a "custodian" within the meaning of the Bankruptcy Act of 1978, 11 U.S.C. § 101(10)(C), so as to require delivery of possession to the trustee in bankruptcy in accordance with 11 U.S.C. § 543(b). The bankruptcy court held that the secured creditor...

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