Legal Opinion
Thompson v. General Motors Acceptance Corp., LLC
Court of Appeals for the Seventh Circuit
Decided May 27, 2009No. 08-2077PublishedCited by 69 opinions
1Opinion of the Court
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, eighth, ninth, and tenth circuits.
We must decide whether an asset that a secured creditor lawfully seizes pre-petition must be…
2Cases cited15 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Kontrick v. RyanSupreme Court of the United States · 2004
- In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989
- TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- Abrams v. Southwest Leasing & Rental Inc. (In Re Abrams)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
10 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Chicago v. FultonSupreme Court of the United States · 2021
- Berliner v. Pappalardo (In Re Puffer)Court of Appeals for the First Circuit · 2012
- Weber v. SEFCU (In Re Weber)Court of Appeals for the Second Circuit · 2013
- City of Chicago v. Timothy ShannonCourt of Appeals for the Seventh Circuit · 2019
- Joy Denby-Peterson v.Court of Appeals for the Third Circuit · 2019
64 more not listed; retrieve them via the Exa API.