IN RE ABRAMS

BAP No. CC-90-1384-VOP, Bankruptcy No. SA-89-07876-JB.

127 B.R. 239 (1991)

In re Mark Alan ABRAMS and Peggy Rubel Abrams, Debtors. Mark Alan ABRAMS and Peggy Rubel Abrams, Appellants, v. SOUTHWEST LEASING AND RENTAL INC. and Desert Recovery, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 31, 1991.


Attorney(s) appearing for the Case

Ralph G. Pagter, Santa Ana, Cal., for appellants Mark & Peggy Abrams.

Roland Ginsburg, Los Angeles, Cal., for appellees Southwest Leasing & Rental and Desert Recovery.

Before VOLINN, OLLASON and PERRIS, Bankruptcy Judges.


OPINION

VOLINN, Bankruptcy Judge:

A lessor without knowledge of the debtors' bankruptcy caused the post-petition repossession of the debtors' leased automobile. The lessor received notice of the bankruptcy the day of the repossession but refused to return the vehicle. The trial court concluded that no compensable violation of the automatic stay had occurred and denied damages under § 362(h)1 of the Bankruptcy Code. However...

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