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Bankr. M.D.N.C.: In re Randle- Default Judgment for Violation of Automatic Stay

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By Ed Boltz, 8 October, 2018
Summary:
The Randles fell behind on their car payments and Saga Auto Sales repossessed the Randles’ 2011 Cadillac Escalade.  Upon payment of $2,100, Saga returned the vehicle on December 2, 2017.  With their next payment due on December 9,   2017, the Randles filed Chapter 13 on December 8, 2017.  Saga again repossessed the vehicle on December 10, 2018, also taking possession of Ms. Randle’s mobility scooter and other personal property.  Saga was hand delivered notice of the bankruptcy the next day and on given notice on at least eight additional occasions, but Saga refused to return either the vehicle or the personal property.
After a Adversary Proceeding was commenced seeking turnover of the vehicle and damages, Saga failed to respond. The Randles discontinued their attempt to regain the vehicle (and did not raise turnover of the other property) the bankruptcy court found that Saga had egregious violated the automatic stay and awarded actual damages of $23,100, punitive damages of $25,000 and $4000 in attorney’s fees.
Commentary:
It seems likely that the Randles will need to send the U.S. Marshals to Saga to seize some vehicles to satisfy this judgment.
Car dealerships in North Carolina are governed under N.C.G.S.  § 20-285 et seq. and are licensed and regulated by the North Carolina Department of Transportation, so perhaps this illegal behavior will be reported by the Bankruptcy Administrator.
For a copy of the opinion, please see:
In re Randle

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