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

Consumer Financial Services Law

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.

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Sixth Circuit Decision Highlights the Risk of Initiating Collection Remedies During the FDCPA’s Validation Period

BN Lawyers

Trott filed a response opposing the injunction, and just hours prior to the hearing on the motion for the preliminary injunction, Scott filed for Chapter 13 bankruptcy. The district court granted summary judgment, holding that Trott had ceased collection of the debt because Trott itself performed no more activity.