U.S. Supreme Court: Mere Retention of Property Does Not Violate the Automatic Stay
By EsqSocial Corporation 03/02/21
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. ยง 362(a)(3). The U.S. Supreme Court considered the question in City of Chicago v. Fulton, in which the City of Chicago had refused to return debtors' vehicles after they filed Chapter 13 bankruptcy petitions....
By: Jones Day