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FULTON The Fulton Hornets struggled to make shots consistently while allowing the Kirksville Tigers to score 10 3-pointers, including eight in the first half Friday at Fulton High School. ....
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ADVERTISEMENT ADVERTISEMENT How Consumer Bankruptcy Rulings Can Aid Ch. 11 Practice Law360 (March 9, 2021, 2:48 PM EST) On Jan. 14, the U.S. Supreme Court handed down a unanimous opinion in Chicago, Illinois v. Fulton.[1] While Fulton arose out of a series of Chapter 13 cases in Chicago, commercial bankruptcy attorneys should not dismiss the decision s usefulness in Chapter 11 practice. The city took possession of the individual debtor s vehicle prepetition pursuant to a city ordinance that provides for a possessory lien over the vehicle on account of unpaid parking fines. Chicago then refused to turn it over to the debtor once its Chapter 13 case was filed unless the debtor paid those past due and prepetition . ....
To embed, copy and paste the code into your website or blog: In January 2020, we analyzed a split among the Circuit Courts regarding whether a non-debtor holding a debtor’s property on the petition date has an affirmative obligation under section 362(a)(3) of the Bankruptcy Code to return that property to the debtor immediately following the filing of the bankruptcy petition. Automatically upon a debtor’s filing its bankruptcy petition, section 362(a)(3) stays “any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate.” As discussed in our 2020 article, various courts of appeal have wrestled with whether the words “exercise control over property of the estate” encompass a non-debtor’s retention of property in its possession at the beginning of the debtor’s bankruptcy case. If the answer to this question is “yes,” then a debtor need not take any action to bring estate p ....