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IN RE JOHNSON

No. 05-8089.

501 F.3d 1163 (2007)

In re Tommy Dean JOHNSON and Candice Ann Johnson, Debtors, Tommy Dean Johnson; Candice Ann Johnson, Plaintiffs-Appellees, v. Keith Smith, individually and as Vice President of M & M Auto Outlet— Wyoming, Inc.; M & M Auto Outlet— Wyoming, Inc., a Wyoming Corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 28, 2007.

Attorney(s) appearing for the Case

Ken McCartney and Carrol Nelson, Law Offices of Ken McCartney, P.C., Cheyenne, Wyoming, for Plaintiffs-Appellees.

Stephen R. Winship, Winship & Winship, P.C., Casper, Wyoming, for Defendants-Appellants.

Before KELLY, McKAY, and BRISCOE, Circuit Judges.

McKAY, Circuit Judge.

M & M Auto Outlet—Wyoming, Inc. appeals the merits portion of a Bankruptcy Appellate Panel decision affirming the Wyoming bankruptcy court's determination that M & M willfully violated the automatic stay of 11 U.S.C. § 362 by repossessing a pickup truck after a Chapter 13 bankruptcy petition had been filed. M & M's appeal presents a host of issues, including the finality of the BAP decision, the burden of proof required...

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