136038P.pdf   12/05/2013  James Carter, Jr.  v.  First National Bank of Crosset
   U.S. Court of Appeals Case No:  13-6038
   U.S. Bankruptcy Court for the Western District of Arkansas - El Dorado   
   [PUBLISHED] [Shodeen, Author, with Schermer and Saladino, Bankruptcy 
   Judges] 
   Bankruptcy -- sanctions. The bankruptcy court did not abuse its discretion 
   or clearly err in finding there was no willful violation of the automatic 
   stay. The replivin action filed by the Bank sought to repossess equipment 
   owned by the LLC to which it had a perfected securty interest. The 
   evidence did not establish that the Bank had knowledge that the collateral 
   had been transferred from the LLC to Carter personally and its refusal to 
   return the equipment until ordered to do so was neither unreasonable nor 
   willful. The notice the Bank sent to Carter advising him of his rights 
   under the UCC was a technical violation and not willful. Absent a finding 
   of a willful violation, it is unnecessary to address issue of damages.