Critical Case Comment – Thompson v. GMAC, 2009 WL 1457718 (7th Cir. May 27, 2009)

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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