Memorandum Opinion and Order

Pending before the court is an appeal by DaimlerChrysler challenging the decision of the United States Bankruptcy Court for the Southern District of West Virginia in the plaintiffs’ adversary proceeding.  That proceeding concerned DaimlerChrysler’s repossession of the plaintiffs’ vehicle.  DaimlerChrysler claimed that it was entitled to repossess the vehicle because the plaintiffs were in default under the contract for sale once the debtor had filed for bankruptcy.  The bankruptcy court held that DaimlerChrysler violated W. Va. Code § 46A-2-106 by repossessing the vehicle without first giving the plaintiffs notice of a right to cure the default.  As a result, the bankruptcy court permanently enjoined DaimlerChrysler from repossessing the plaintiffs’ vehicle on the basis of the bankruptcy filing.   For the reasons stated herein, the court REVERSES the bankruptcy court’s order and REMANDS the case to the bankruptcy court for further proceedings in accordance with this opinion.