In re Radden
United States Bankruptcy Court for the Eastern District of Virginia
35 B.R. 821 (1983)
Darnell Radden (Radden) bought a car financed through an installment contract assigned to General Motors Acceptance Corporation (GMAC), missed payments, and had the car repossessed after GMAC gave notice of the right to redeem and the proposed sale date; Radden filed for chapter 13 bankruptcy two days before that sale, triggering the automatic stay. Radden's proposed plan would let him keep the car and make monthly payments, though he valued it at less than what was owed. GMAC moved for relief from the stay to proceed with the sale, and Radden opposed, seeking return of the car.
Whether, in chapter 13 bankruptcy, a creditor will be granted relief from the automatic stay if the creditor's property interests are adequately protected.