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Consumer Bankruptcy › Chapter 13 › Supreme Court of the United States

Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are... more +
Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are eligible for Chapter 7 or Chapter 13 depending on the nature of their debts and assets. less -
Jones Day

Business Restructuring Review July-August 2023 | Vol. 22 No. 4

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There is longstanding controversy concerning the validity of third-party release provisions in non-asbestos trust chapter 11 plans that limit the potential exposure of various nondebtor parties involved in the process of...more

McGlinchey Stafford

Repossessions and Bankruptcy Post-COVID, Post-Fulton [More with McGlinchey, Ep. 26]

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COVID-19’s economic impact on borrowers’ ability to repay loans has had major repercussions for auto lenders, and the U.S. Supreme Court recently issued a decision relating to repossessions in bankruptcy. In this episode of...more

Obermayer Rebmann Maxwell & Hippel LLP

Just Hold on: The Supreme Court Rules That a Creditor’s Mere Retention of Property Lawfully Seized Prepetition Does Not Violate...

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In a case with significant implications for the practices of the lending industry, the Supreme Court unanimously ruled in early 2021 that a secured creditor that lawfully repossesses collateral does not have an affirmative...more

McGlinchey Stafford

Vehicle Finance Lenders Beware: The Coming Wave Of Post-Fulton Automatic Stay And Turnover Adversary Proceedings

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By now, you likely are aware of the recent Supreme Court decision in City of Chicago, Illinois v. Fulton. The Court rightly found that merely retaining possession of a vehicle repossessed pre-petition is not a violation of...more

Foster Swift Collins & Smith

Supreme Court Holds that “Mere Retention” of Estate Property After Bankruptcy Filing Doesn't Violate the Automatic Stay

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On January 14, 2021, the U.S. Supreme Court decided City of Chicago, Illinois v. Fulton (Case No. 19-357, Jan. 14, 2021), a case which examined whether merely retaining estate property after a bankruptcy filing violates the...more

Kaufman & Canoles

Bankruptcy & Creditors’ Rights Alert – February 2021

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RETAINING POSSESSION OF A VEHICLE DOES NOT VIOLATE THE AUTOMATIC STAY – CHICAGO V. FULTON - The Supreme Court of the United States recently offered some clarity on one of the many issues creditors face when a borrower,...more

Partridge Snow & Hahn LLP

The Supreme Court Teaches A Lesson In Passive Non-Aggression: City of Chicago v. Fulton

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In a recent decision, the U.S. Supreme Court gave a narrow win to creditors in a dispute over the proper interpretation of the automatic stay provisions in the Bankruptcy Code, ruling that creditors may passively retain a...more

Troutman Pepper

Supreme Court Rules that Possession of Estate Property Does Not Violate Automatic Stay

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On January 14, the Supreme Court ruled that more than a mere retention of estate property is needed for a party to violate the automatic stay, vacating and remanding a decision by the U.S. Court of Appeals for the Seventh...more

Foster Garvey PC

Supreme Court Clarifies That Section 362(a)(3) Does Not Prohibit the Mere Retention of a Debtor’s Property

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The Supreme Court has lowered (but not eliminated) the risk that a creditor violates the automatic stay by retaining a debtor’s property post-petition. On January 14, 2021, the Supreme Court ruled 8-0 (Justice Barrett...more

Jones Day

U.S. Supreme Court: Mere Retention of Property Does Not Violate the Automatic Stay

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The Situation: Circuit courts were split on whether mere retention by a creditor of estate property violates the Bankruptcy Code's automatic stay, under 11 U.S.C. § 362(a)(3). The U.S. Supreme Court considered the question in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

To Return or Not To Return. That Is The Question.

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Most lawyers and bankers understand the basic terms of the automatic stay when a Debtor files bankruptcy. 11 USC section 362 applies to all bankruptcy chapters and provides as follows: (a)Except as provided in subsection...more

Moritt Hock & Hamroff LLP

Supreme Court Breaks Divide: Mere Retention Of Debtor Property Is Not A Stay Violation

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The United States Supreme Court has resolved a split among lower courts on the issue of whether a lessor who repossesses debtor collateral on eve of bankruptcy violates the automatic stay by failing to surrender such property...more

Mintz - Bankruptcy & Restructuring Viewpoints

The Automatic Stay: Supreme Court Finds that Retaining Debtors’ Property, Despite Turnover Demands, is Not a Stay Violation

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If a creditor is holding property of a party that files bankruptcy, is it “exercising control over” such property (and violating the automatic stay) by refusing the debtor’s turnover demands? According to the Supreme Court,...more

Smith Debnam Narron Drake Saintsing & Myers,...

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

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The Supreme Court of the United States has resolved a split in the circuits as to whether an entity that is passively retaining possession of property in which a bankruptcy estate has an interest has an affirmative obligation...more

Clark Hill PLC

Supreme Court Holds that Mere Retention of Property Does Not Violate the Automatic Stay

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The Supreme Court of the United States on January 14, 2021, issued a decision in the case of City of Chicago v. Fulton that favors creditors in a bankruptcy case. The Court held that a creditor’s “mere retention” of property...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court: Merely Holding Property Isn’t a Violation of the Automatic Stay

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In City of Chicago, Illinois v. Fulton, No. 19-357, 2021 WL 125106, at *1 (U.S. Jan. 14, 2021), the United States Supreme Court considered the issue of whether the mere retention of estate property after the filing of a...more

Snell & Wilmer

United States Supreme Court Holds That Bankruptcy Automatic Stay Does Not Require Return of Property Seized Before The Bankruptcy...

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One issue which has confounded bankruptcy attorneys and courts is whether a creditor, that seized the debtor’s property before the debtor filed for bankruptcy, violates the automatic stay if it does not voluntarily return the...more

Bradley Arant Boult Cummings LLP

Supreme Court Holds Mere Retention of Bankruptcy Debtor’s Property Is Not a Violation of the Automatic Stay but More Questions...

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For the past few years, the federal circuit courts have struggled with the issue of whether a creditor retaining possession of bankruptcy estate property violates the automatic stay. For example, is a creditor required to...more

Bradley Arant Boult Cummings LLP

Having Trouble with CARES Act Forbearances in Ch. 13 Bankruptcy? You’re Not Alone!

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Consumers that have pending Chapter 13 bankruptcy cases undoubtedly suffered from financial hardship prior to the COVID-19 pandemic. For many of those consumers, the pandemic may have exacerbated that hardship...more

Jones Day

From the Top In Brief - July/August 2017

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In Midland Funding, LLC v. Johnson, No. 16-348, 2017 BL 161314 (U.S. May 15, 2017), the U.S. Supreme Court ruled that a credit collection agency does not violate the Fair Debt Collection Practices Act ("FDCPA") when it files...more

Tucker Arensberg, P.C.

Supreme Court Issues Two Rulings Interpreting FDCPA

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The Supreme Court recently issued two rulings interpreting various sections of the Fair Debt Collection Practices Act (FDCPA) in favor of creditors and certain debt buyers. The FDCPA protects debtors from unfair collection...more

Burr & Forman

Supreme Court Reverses Eleventh Circuit: Debt Collectors Can File Proofs of Claim On Stale Debt Without Violating FDCPA

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In a 5-3 decision written by Justice Stephen G. Breyer last week, the Supreme Court of the United States ruled that the Eleventh Circuit erred when it found that Midland Funding, one of the nation’s largest purchasers of...more

Ballard Spahr LLP

Bankruptcy Proof of Claim on Time-Barred Debt Does Not Violate FDCPA, SCOTUS Rules

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Filing a proof of claim in a debtor's Chapter 13 bankruptcy case on a debt that is "obviously time barred" does not violate the Fair Debt Collection Practices Act (FDCPA), the U.S. Supreme Court has ruled in a 5-3 decision....more

Balch & Bingham LLP

Supreme Court Sides With Balch Lawyers and Finds for Midland Funding, Rejecting FDCPA Lawsuits Based on Bankruptcy Proofs of Claim...

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This week, the United States Supreme Court issued a key decision under the Fair Debt Collection Practices Act in a case litigated by Balch & Bingham lawyers, Jason Tompkins and Chase Espy. In Midland Funding, LLC v. Johnson,...more

Burr & Forman

What did the Supreme Court Say? Creditor Claim for Stale Debt in Chapter 13 Case Does Not Violate the FDCPA

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The United States Supreme Court recently held in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017) that filing a proof of claim that is obviously time-barred in a Chapter 13 debtor’s bankruptcy case is not a violation of...more

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