U.S. Supreme Court,
Civil Litigation,
Bankruptcy
Jan. 19, 2021
Mere retention of property doesn’t violate a bankruptcy automatic stay
In an opinion issued last week, the U.S. Supreme Court addressed the narrow issue of whether the city of Chicago’s policy of refusing to return impounded vehicles to individuals who filed for bankruptcy after their vehicle was seized violated the Bankruptcy Code.
David S. Kupetz
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UC Hastings College of the Law
David is an expert in bankruptcy, business reorganization, restructuring, assignments for the benefit of creditors, and other insolvency solutions.
In an opinion issued last week, the U.S. Supreme Court in Chicago v. Fulton, 2021 DJDAR 503 (Jan. 14, 2021), addressed the narrow issue of whether the city of Chicago's policy of refusing to return impounded vehicles to individuals who filed for bankruptcy after their vehicle was seized violated Section 362(a)(3) of the Bankruptcy Code. 11 U.S.C. Section 362(a)(3). Secti...
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