In re Hampton

319 B.R. 163 (2005)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

In re Hampton

United States Bankruptcy Court for the Eastern & Western Districts of Arkansas
319 B.R. 163 (2005)

JC

Facts

Toni B. Hampton (debtor) purchased a 1988 Chrysler from Yam’s Choice Plus Autos, Inc. (Yam’s) (creditor) on June 28, 2002. The vehicle, which was subject to a perfected lien from Yam’s and for which Hampton made monthly payments, had a PayTeck device at the time of Hampton’s purchase. The PayTeck device was programmed to disable the starter on the vehicle if a new five-digit code was not entered every 30 days. The buyer could either mail the payment and call for the new code or come to Yam’s office, make the payment, and obtain the code in person. Hampton filed for Chapter 13 bankruptcy on October 8, 2002. Hampton’s bankruptcy plan was confirmed on December 16, 2002, and she made her scheduled Chapter 13 payments. However, Hampton claimed that she could not reliably use the Chrysler since her bankruptcy filing due to the PayTeck device. Hampton alleged that she had been given errant codes several times and that the Chrysler had also failed to start without warning due to the device. While Yam’s argued that Hampton may have misunderstood how to obtain and use the codes or that employee error could have occurred on occasion, Hampton’s testimony painted a different picture. Hampton reported many calls to obtain codes and reported that she was twice told that she “did not deserve the car.” After continuing to have problems starting the car and obtaining codes, Hampton filed an adversary proceeding in the bankruptcy court, seeking compensatory and punitive damages for violation of the automatic stay of bankruptcy. At trial, the bankruptcy court found that Yam’s had violated the automatic stay and was required to cure the violation. A memorandum opinion was issued to clarify the court’s ruling.

Rule of Law

Issue

Holding and Reasoning (Evans, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership