Critical Case Comment – In re Thompson, 426 B.R. 759 (Bankr. N.D. Ill. March 19, 2010) (Schmetterer)

In re Thompson, 426 B.R. 759 (Bankr. N.D. Ill. March 19, 2010) (Schmetterer)

A Chapter 13 debtor is not entitled to an award of attorney’s fees for a willful violation of the automatic stay unless the debtor is actually liable to his attorney for such fees.

Summary of the Case

GMAC repossessed the debtor’s car pre-bankruptcy and failed to turn over the car when requested. The bankruptcy court refused to award sanctions . . .

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