Harbans

Chapter

MEMORANDUM DECISION AND ORDER FOLLOWING TRIAL

This matter came before the Court for a trial on claims asserted by Plaintiffs Har-bans and Manjit Grewal (“the Grewals”) 1 against Defendant, Santa Cruz County Bank (“SCCB”). The Grewals were represented by attorney William Healy, and SCCB was represented by attorney William Thomas Lewis.

At trial, each side called witnesses to testify. The Grewals testified on their own behalf. Debra Crawford, Rich Dun-ham, Jorge Reguerin, and Susan Chandler testified on behalf of SCCB. The testimony of Jayant Trivedi was entered by deposition.

After considering the parties’ evidence and arguments of counsel, the Court finds and concludes that SCCB’s post-petition possession of the refrigerator and water cooler violated the stay (and possibly also the discharge injunction), but no other violation of the stay or discharge injunction was proven.

This Memorandum Decision constitutes the Court’s findings of fact and conclusions of law, pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure.

I. SUMMARY

Facing a balloon payment Mr. Grewal could not afford, Mr. Grewal successfully refinanced Mr. Grewal’s loan on a gas and…