THOMPSON v. GENERAL MOTORS ACCEPTANCE CORP., LLC

No. 08-2077.

566 F.3d 699 (2009)

Theodore A. THOMPSON, Debtor-Appellant, v. GENERAL MOTORS ACCEPTANCE CORPORATION, LLC, Creditor-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 27, 2009.


Attorney(s) appearing for the Case

Brian R. Zeft (argued), Semrad & Associates, Chicago, IL, for Appellant.

James M. Philbrick (argued), Mundelein, IL, for Appellee.

Before CUDAHY, WILLIAMS, and TINDER, Circuit Judges.


WILLIAMS, Circuit Judge.

This case involves an all too common occurrence that bankruptcy courts must deal with: a buyer defaults on his car payments, a secured creditor seizes the asset, the buyer files for Chapter 13 bankruptcy, and the big question that ensues is whether the creditor must return the car to the bankruptcy estate. In this case, we are asked to consider a procedural conflict between many bankruptcy courts within this circuit, and those in the sixth...

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