By Matthew D. Resnik, Resnik Hayes Moradi, LLP (Encino, CA) In Bobka v. Toyota Motor Credit Corporation (In re Bobka), 968 F.3d 946 (9th Cir. August, 2020), the chapter 7 debtor wanted to retain her leased Toyota. Toyota sent her an "assumption agreement" which she signed and returned to Toyota the day before she received her discharge. By then she...
Critical Case Comment – Thompson v. GMAC, 2009 WL 1457718 (7th Cir. May 27, 2009)
Print This Article
Link to Post:
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 . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value
Assumption of Auto Lease in Chapter 7 Requires No Court Approval Says the 9th Circuit: In re Bobka
Deconstructing the Fair Debt Collection Practices Act: Obduskey Says Lawyers Conducting Nonjudicial Foreclosure Are Not “Debt Collectors”
Tax Tips for Taxpayers to Consider When Selling Their Home
Ask Ms. Ps & Qs
Critical Case Comment– Secured Creditor Granted Relief from Stay. But, Wait There’s More . . . No Proof of Claim.
Yet Another Reason Why the Means Test is “Broken”
Critical Case Comment – Repeat: No Fee Splitting
“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule
Critical Case Comment – Prime vs. Riskless Treasury Rate