IN RE KALTER

Nos. 01-10417, 01-13326.

292 F.3d 1350 (2002)

In Re: Thomas Joh KALTER, Debra Marie Kalter, Debtors. Bell-Tel Federal Credit Union, Plaintiff-Appellee, v. Thomas Joh Kalter, Debra Marie Kalter, Defendants-Appellants. In Re: Matthew J. Chiodo, Debtor. Tidewater Finance Company, Plaintiff-Appellee, v. Matthew J. Chiodo, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 7, 2002.


Attorney(s) appearing for the Case

Shannon L. Akins, Orlando, FL, Robert Bailey Branson, Law Office of Robert Bailey Branson, Orlando, FL, for Thomas and Debra Kalter.

C. Stephen Trimmier, Trimmier Law Firm, Birmingham, AL, for Bell-Tel Federal Credit Union.

Michael A. Paasch, Mateer & Harbert, P.A., Orlando, FL, for Chiodo.

James R. Sheeran, Tidewater Finance Co., Chesapeake, VA, for Tidewater Finance Co.

Before EDMONDSON, Chief Judge, and HULL and MARCUS, Circuit Judges.


MARCUS, Circuit Judge:

These two cases have been consolidated on appeal because they raise the same issue: whether, during bankruptcy proceedings, a debtor can compel a secured creditor to turn over a vehicle repossessed before the debtor filed his bankruptcy petition. Debtors-Appellants Thomas and Debra Kalter and Debtor-Appellant Matthew Chiodo ("the Debtors") argue that the district court erred in finding that their vehicles, repossessed prepetition by Creditor...

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