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IN RE HOULIK

BAP No. KS-11-096. Bankruptcy No. 09-12159.

481 B.R. 661 (2012)

In re Jeffrey P. HOULIK, also known as Jeff Houlik, doing business as Jeff Houlik Construction Inc., and Charla L. Houlik, also known as Charlie Houlik, doing business as Jeff Houlik Construction Inc., Debtor. Santander Consumer, USA, Inc., Appellant, v. Jeffrey P. Houlik and Charla L. Houlik, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

October 29, 2012.

Attorney(s) appearing for the Case

Nelson L. Mitten ( Marilyn J. Washburn with him on the brief) of Riezman Berger, P.C., St. Louis, MO, for Appellant.

Jeffrey W. Rockett of Redmond & Nazar, LLP, Wichita, KS, for Appellees.

Before CORNISH, BROWN, and RASURE, Bankruptcy Judges.

CORNISH, Bankruptcy Judge.

Creditor appeals an order of the bankruptcy court awarding actual damages of $474.86 and punitive damages of $25,000 to the individual Chapter 11 debtors as a sanction for its repossession of their vehicle.1 Believing the debtors had missed two monthly payments, creditor repossessed the vehicle approximately one year after the confirmed Chapter 11 plan revested the vehicle in debtors subject to creditor's rights...

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