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IN RE RATLIFF

Bankruptcy No. 03-74149, Adversary No. 04-7018.

318 B.R. 579 (2004)

In re Timothy Charles RATLIFF and Barbara Lynn Ratliff, Debtors. Timothy Charles Ratliff and Barbara Lynn Ratliff, Plaintiffs, v. Ford Motor Credit Company, Defendant.

United States Bankruptcy Court, E.D. Oklahoma.

December 20, 2004.

Attorney(s) appearing for the Case

Betty Williams, Muskogee, OK, for Plaintiffs.

David Marsh, Thomas Marsh, Tulsa, OK, for Defendant.

OPINION

TOM R. CORNISH, Bankruptcy Judge.

This Court is asked to determine whether a secured creditor can withhold possession of a debtor's car post-petition, that was lawfully repossessed pre-petition, until the debtor pays a repossession fee. The answer is no.

On the 9th day of November, 2004, the above-referenced adversary proceeding came on for trial. Both parties have submitted additional authorities per order...

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