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. by the existence of a separate provision, §542, that expressly governs the turnover of estate property.”
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