You are here

In re: Cooper, BK 15-22158, Doc #53

The Court denied the Debtor's objections and allowed two claims filed by the creditor, one arising from the purchase of a vehicle and the second from a renewal of a debt consolidation loan. The Court allowed the first claim because the vehicle was not unlawfully repossessed but rather picked up by a towing company after being abandoned, and because the Georgia Court of Appeals decision, Suntrust Ban v. Venable, 299 Ga. 655, 791 S.E.2d 5 (2016), did not apply to the fact of this case. Venale involved a sale transaction whereas the underlying transaction here was only a finance transaction. The Court also allowed the second claim because the Debtor had two loans, the original and renewal, rather than one as alleged in the objection.
NOT INTENDED FOR PUBLICATION

File: 
Date: 
12/19/2016