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Asset Seizure › Certiorari

Smith Debnam Narron Drake Saintsing & Myers,...

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

Smith Debnam Narron Drake Saintsing & Myers,... on

The Third Circuit has recently held in In re Denby-Peterson, 941 F.3d 115 (3rd Cir. 2019) that creditors who refuse to relinquish an item that was seized pre-petition are not subject to sanctions because their refusal does...more

Patterson Belknap Webb & Tyler LLP

Update: Supreme Court Grants Cert to Resolve Circuit Split Regarding Pre-Bankruptcy Seizure

Patterson Belknap Webb & Tyler LLP on

We recently reported on a decision of the United States Court of Appeals for the Third Circuit in favor of a creditor that seized a debtor’s property pre-petition. In In re Denby-Peterson, the Third Circuit sided with the...more

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