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IN RE BURGNER

Bankruptcy No. 95-14865, Adversary No. 97-1033.

218 B.R. 413 (1998)

In re Mark Anthony BURGNER, Debtor. Mark Anthony BURGNER, Plaintiff, v. GEORGIA FEDERAL CREDIT UNION, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

March 18, 1998.

Attorney(s) appearing for the Case

Michael L. McHugh, Rebble Johnson, Richard Banks and Associates, Cleveland, TN, for Plaintiff.

Fred Hanzelik, Brent James, Hanzelik & James, Chattanooga, TN, for Defendant.

MEMORANDUM

R. THOMAS STINNETT, Bankruptcy Judge.

The debtor, Mark Anthony Burgner ("Debtor"), filed this adversary proceeding against one of his creditors, Georgia Federal Credit Union ("GFCC"). The complaint alleges that GFCU, despite having knowledge of Debtor's pending Chapter 13 case, repossessed Debtor's car without asking for or obtaining from this court an order lifting the automatic stay. The complaint seeks damages from GFCU for willful violation...

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