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IN RE RUTHERFORD

Bankruptcy No. 04-81385-WHD, Adversary No. 04-6679.

329 B.R. 886 (2005)

In the Matter of Johnathan RUTHERFORD Dimetrice Rutherford, Debtors. Johnathan Rutherford Dimetrice Rutherford, Plaintiffs, v. Auto Cash, Inc., Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

August 29, 2005.

Attorney(s) appearing for the Case

Shonterria Renek Martin, Esq., Shonterria R. Martin & Associates, Jonesboro, GA, for Debtors/Plaintiffs.

R. Brian Wooldridge, Esq., Mann & Wooldridge, Newnan, GA, for Defendant, Auto Cash, Inc.

ORDER

W. HOMER DRAKE, Jr., Bankruptcy Judge.

Dimetrice Rutherford (hereinafter the "Debtor") seeks sanctions against Auto Cash, Inc. (hereinafter the "Defendant") pursuant to section 362(h) of the Bankruptcy Code. The Debtor contends that the Defendant willfully violated the automatic stay when it refused to turn over the Debtor's vehicle, which the Defendant repossessed prior to the filing of the Debtor's bankruptcy petition. The Defendant opposes...

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