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IN RE KRETZER

Bankruptcy No. BK-LV-82-621, Adv. No. 83-770.

48 B.R. 585 (1985)

In re Jonas Albert KRETZER, Betty Ann Kretzer, Debtors. Jonas Albert KRETZER, Betty Ann Kretzer, Plaintiffs, v. DFW FEDERAL CREDIT UNION formerly Braniff Airways Federal Credit Union, and Does I through V, inclusive, Defendants.

United States Bankruptcy Court, D. Nevada.

April 19, 1985.

Attorney(s) appearing for the Case

Phillip S. Aurbach, Colucci, Minagil & Aurbach, Ltd., Las Vegas, Nev., for plaintiffs.

Donald H. Haight, John F. O'Reilly, A Professional Corp., Las Vegas, Nev., for defendants.

MEMORANDUM DECISION

ROBERT CLIVE JONES, Bankruptcy Judge.

The debtors, Jonas Albert Kretzer and Betty Ann Kretzer, brought this action to recover damages caused by the defendant DFW Federal Credit Union's (DFW) wrongful repossession of their 1980 Ford pickup truck. The Court must decide whether repossession of exempt property after the debtors discharge violates the automatic stay.

In late 1979, the debtors purchased a 1980 Ford pickup truck using...

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