Eastern District of North Carolina Bankruptcy Court Holds Santander Consumer USA in Contempt of Court

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Santander Willfully Refused to Turn Over Vehicle Title After Bankruptcy Court Order

Quite simply, we did everything possible to avoid this. However, we can not force Santander to participate if they do not want to. The choice was ultimately theirs.

Santander Consumer USA was held in contempt of court on Wednesday, March 2, 2011 in the Bankruptcy Court for the Eastern District of North Carolina Case # 10-04930-8-JRL. The dispute arose out of an order entered by the Bankruptcy Court on November 29, 2010 disallowing Santander Consumer USA's secured claim on the Debtor's motor vehicle. The same order gave Santander 20 days to turn over the title of the vehicle to the Debtor free and clear of any lien.

The Law Offices of Dye & Weatherly filed a Motion for Contempt and for Sanctions on January 4, 2010 after Santander failed to turn the title over to the Debtor. Santander filed no response to the Motion for Contempt and no representative for Santander appeared at the hearing. After hearing the evidence, the Court found that Santander had been properly noticed of this action on multiple occasions and simply refused to participate in the proceedings. In the Court's oral order, Santander was sanctioned $5,000 for its willful violation of the Court's order.

Michael A. Dye, attorney for the Debtor stated "Santander had notice of all motions filed in this proceeding. The issue with the title to the motor vehicle started back in July of 2010. Santander received notice of these proceedings on at least six seperate occasions. Our office even went so far as to write Santander a letter requesting their compliance before filing the Motion for Contempt. Quite simply, we did everything possible to avoid this. However, we can not force Santander to participate if they do not want to. The choice was ultimately theirs."

About the Law Offices of Dye & Weatherly: Michael Dye & Jane Weatherly are bankruptcy and consumer rights attorneys licensed in the State of North Carolina, Eastern District of North Carolina, Middle District of North Carolina, Florida & The Southern District of Florida. The firm is a debt relief agency. In addition to consumers rights claims, their attorneys help individuals file for relief under the United States Bankruptcy Code. More information on the firm and attorneys is available at http://www.EDNCBankruptcy.com.

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Michael A. Dye

Jane L. Weatherly

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