IN RE SHARON

BAP No. 98-8034.

234 B.R. 676 (1999)

In re Rosemary SHARON, dba Sharon Janitorial, Debtor. TranSouth Financial Corporation, Appellant, v. Rosemary Sharon, dba Sharon Janitorial, Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided June 4, 1999.


Attorney(s) appearing for the Case

J. Ward Holliday, Polk, Scheer, Prober & Holliday, Dallas, TX, argued, for Appellant; Phyllis A. Ulrich, Carlisle, McNellie & Rini, Cleveland, OH, on brief, for Appellant.

Harold Jarnicki, Lebanon, OH, argued and on brief, for Appellee.

Before: BAXTER, LUNDIN, and STOSBERG, Bankruptcy Appellate Panel Judges.


OPINION

TranSouth Financial Corporation appeals the order of the bankruptcy court that held TranSouth violated the automatic stay and that imposed sanctions under 11 U.S.C. § 362(h). We affirm.

I. ISSUES ON APPEAL1

1) Whether the bankruptcy court correctly determined that TranSouth violated the automatic stay by withholding possession of the Chapter 13 Debtor's car after demand and tender of adequate protection...

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