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IN RE MOFFETT

No. 02-82020-SSM.

288 B.R. 721 (2002)

In re Marlene MOFFETT, Debtor. Tidewater Finance Company, Plaintiff, v. Marlene Moffett, Defendant.

United States Bankruptcy Court, E.D. Virginia.

July 8, 2002.

Attorney(s) appearing for the Case

James R. Sheeran, Tidewater Finance Company, Virginia Beach, VA, for Tidewater Finance Company.

Klinette H. Kindred, Law Office of Robert Weed, Alexandria, VA, for the Debtor.

Gerald M. O'Donnell, Alexandria, VA, Chapter 13 Trustee.

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

The issue before the court is whether a secured creditor's repossession of an automobile prior to the filing of a bankruptcy petition extinguishes the debtor's interest in the vehicle. The question arises in the context of a motion for relief from the automatic stay filed by Tidewater Finance Company ("Tidewater"), which repossessed the debtor's automobile for payment defaults early on the same day...

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