Second Circuit -- Weber v. SEFCU

Creditor must return repossessed articles to trustee or debtor-in-possession upon learning of the filing of Chapter 13 petition -- no affirmative suit by trustee or debtor-in-possession is required.

Minor circuit split flagged.

Belief that additional security was needed before release of the property does not excuse the retention.

Intention to retain the property made this a willful act, subject to penalties and costs.

Weber v. SEFCU