News & Analysis as of

Chapter 13 Creditors Repossess

Dorsey & Whitney LLP

The Supreme Court - January 14, 2021

Dorsey & Whitney LLP on

Chicago v. Fulton, No. 19-357: Under the Bankruptcy Code, filing a bankruptcy petition creates a bankruptcy estate and also operates as a stay on any entity’s efforts to collect from the debtor outside the bankruptcy forum....more

Patterson Belknap Webb & Tyler LLP

Pre-Bankruptcy Seizure: Recent Third Circuit Decision Widens Circuit Split Regarding Obligations of Secured Creditors in Respect...

In July 2016, Joy Denby-Peterson purchased a Chevrolet Corvette. When she defaulted on one of her car payments a few months later, the Corvette was repossessed by her lender. Denby-Peterson then filed a voluntary petition...more

BCLP

Tenth Circuit Joins Missouri River to Divide Kansas City Over What Constitutes A Stay Violation

BCLP on

On February 27, 2017, the United States Court of Appeals for the Tenth Circuit joined a minority approach followed by District of Columbia Circuit: failing to turn over property after demand is not a violation of the...more

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