By Mark C. Leffler, Boleman Law Firm, PC, Richmond, Hampton, and Va. Beach, Virginia In order to “eliminate abusive debt collection practices by debt collectors . . .”, the Fair Debt Collection Practices Act (“FDCPA”) bars debt collectors from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt . . .” 15...
Critical Case Comment – Thompson v. GMAC, 2009 WL 1457718 (7th Cir. May 27, 2009)
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Thompson v. GMAC, 2009 WL 1457718 (7th Cir. May 27, 2009)
An asset repossessed by a secured creditor pre-petition must be returned to the debtor following the filing of a Chapter 13 petition even in the absence of a showing that the debtor can adequately protect the creditor’s interest in the asset.
Summary of the Case
The debtor purchased a 2003 Chevy Impala financed by GMAC. On January 24, 2008 GMAC repossessed the vehicle and . . .
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