Nissan Motor Acceptance Corporation v. Baker

239 B.R. 484 (1999)

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Nature of the Case

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Facts

P filed a Chapter 7 bankruptcy petition on December 30, 1993. P listed their 1991 Nissan Pickup. Ps were in arrears to D by more than two monthly payments. Ps stated an intent to reaffirm the debt to D for the Vehicle. On January 4, 1994, D, without knowledge of Ps' bankruptcy, repossessed the Vehicle. Both sides admit that P's counsel contacted D following the repossession to inform D of the bankruptcy. D disputes Ps' assertion that they requested the return of the Vehicle. The Bankruptcy Court found that as of January 4, 1994, D had notice of the bankruptcy. D retained possession of the Vehicle. On February 23, 1994, D filed a motion for relief from stay, or, in the alternative, adequate protection. While this motion was pending D sold the Vehicle on March 16, 1994. The Bankruptcy Court, which did not know of the sale of the Vehicle, eventually granted D's motion on June 1, 1994. In November 1994, Ps instituted this proceeding seeking damages for violation of the automatic stay provided by § 362. The Bankruptcy Court entered a final judgment in favor of Ps for $27,981.75, representing actual and punitive damages and attorneys' fees. The Bankruptcy Court granted D the option to fulfill the actual and punitive damages portion of the judgment by providing Ps with a new 1996 Nissan pickup truck B, Model SE, together with its title free and clear of all liens. D appealed.