Passive Retention: A Creditor’s Right or an Act to Exercise Control?

By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members

Both consumers and businesses often depend on motor vehicles for their livelihood or, for consumers, access to health care, child care, or other essential services. A creditor’s repossession of a motor vehicle can turn into an existential crisis that motivates a debtor’s bankruptcy filing. The debtor will want to use the bankruptcy process to quickly and cheaply regain use of the motor vehicle and, towards this end, might argue the automatic stay requires the . . .

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