Nissan Motor Acceptance Corporation v. Baker

239 B.R. 484 (1999)

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Nissan Motor Acceptance Corporation v. Baker

United States District Court for the Northern District of Texas
239 B.R. 484 (1999)

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Facts

Hubert Baker (plaintiff) financed a 1991 Nissan Pickup (truck) from Nissan Motor Acceptance Corporation (Nissan) (defendant), but fell behind by more than two monthly payments. Baker filed for Chapter 7 bankruptcy. Without knowledge of the bankruptcy, Nissan repossessed the truck. Baker gave notice of the bankruptcy to Nissan after the repossession. Instead of returning the truck, Nissan continued to maintain possession of the truck. In an attempt to protect its interest and possession of the truck, Nissan filed a motion for relief from the automatic stay provided under federal bankruptcy law or, alternatively, for adequate protection. Nissan sold the truck while the motion was still pending, claiming that the automatic stay had already been lifted. Eventually, without knowledge of the sale of the truck, the bankruptcy court granted Nissan’s motion for relief. Baker filed an adversary proceeding against Nissan for violating the automatic stay. The bankruptcy court ruled in favor of Baker and awarded damages. Nissan appealed to federal district court.

Rule of Law

Issue

Holding and Reasoning (Kendall, J.)

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