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THOMPSON v. CREDIT UNION FINANCIAL GROUP

No. 1:10-CV-1036.

453 B.R. 823 (2011)

Anthony Allan THOMPSON, and Laura Jean Thompson, Appellants, v. CREDIT UNION FINANCIAL GROUP, Appellee.

United States District Court, W.D. Michigan, Southern Division.

July 1, 2011.

Attorney(s) appearing for the Case

Anthony Allan Thompson, Grawn, MI, pro se.

Laura Jean Thompson, Grawn, MI, pro se.

Carroll Gibbs Clough, Law Office of Carroll Clough, Paul I. Bare, Law Office of Paul Bare, Traverse City, MI, for Appellants.

Credit Union Financial Group, Inc., Grand Rapids, MI, pro se.

Charles J. Hiemstra, Attorney at Law, Grand Rapids, MI, for Appellee.

OPINION

ROBERT J. JONKER, District Judge.

Introduction

This bankruptcy appeal presents an apparent clash between two bankruptcy code provisions. On the one hand, section 365(d)(1) says unequivocally that an executory contract—in this case a car lease—is deemed rejected in a Chapter 7 case if the Trustee fails to assume it within 60 days (or other period set by the Bankruptcy Court). 11 U.S.C. § 365(d)(1). The rejection...

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