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Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/relwsec0590 and id is 1 raw text is: 





                                      SECURITY



                     DIVISION I.   PERSONAL PROPERTY AS SECURITY

                               CHAPTER 2. POSSESSORY LIENS

§ 80. Surrender of Possession by Possessory Lienor  to the Bailor

C.A.7, 2019. Com.  (c) quot. in disc. Vehicle owners brought separate motions for sanctions against city,
alleging that defendant violated the bankruptcy court's automatic stay orders by failing to return
impounded  vehicles after plaintiffs filed for Chapter 13 bankruptcy. The bankruptcy court granted
plaintiffs' motions for sanctions. This court affirmed, holding that defendant violated the automatic stays
by continuing to retain the vehicles. The court rejected defendant's argument that it needed to continue
to possess the vehicles to perfect its possessory liens on them, and explained that, under Restatement of
Security § 80, Comment  c, defendant would not lose its interests in the vehicles as long as it was
deprived of possession over them involuntarily. In re Fulton, 926 F.3d 916, 929.


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For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.


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