Chapter 13 bankruptcy, Collateral and Financial services

Deepening Circuit Split, Third Circuit Holds that Items Seized Pre-Petition Did Not Violate Automatic Stay

Consumer Financial Services Law

JANUARY 31, 2020

After repossession, Denby-Peterson filed an emergency Chapter 13 Bankruptcy petition in the Bankruptcy Court for the District of New Jersey. The Court began its analysis by considering the plain language of Section 362(a)(2), which provides (as relevant here) that the filing of a bankruptcy petition “operates as a stay.

Collateral

Collateral Repossession Bankruptcy Chapter 13 bankruptcy

Mere Retention of Property of the Estate Does Not Violate the Automatic Stay

Consumer Financial Services Law

JANUARY 22, 2021

Background The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines. The case, City of Chicago v. Fulton, No.

Bankruptcy

Bankruptcy Chapter 13 bankruptcy Construction Debtor

Creditor Collections Today

Deepening Circuit Split, Third Circuit Holds that Items Seized Pre-Petition Did Not Violate Automatic Stay

Mere Retention of Property of the Estate Does Not Violate the Automatic Stay

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