Update: Supreme Court Resolves Circuit Split Regarding Pre-Bankruptcy Seizure
PBWT
JANUARY 19, 2021
In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. v] The Court explained further, “[a]ny ambiguity in the text of §362(a)(3) is resolved.
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