§ 362(a)(3), which in relevant part provides when a debtor files for bankruptcy, this act “operates as a stay ... of ... any act to obtain possession of property of the estate ... or to exercise control over property of the estate.” So, what happens if a creditor already has possession of the debtor’s property before the bankruptcy and is only retaining said property? For context, the facts of Fulton involve several consolidated bankruptcy cases wherein Chicago impounds vehicles of individuals who have multiple parking infractions.
Notably, for our Idaho readers, the 9th Circuit (appellate court with binding authority over Idaho bankruptcy courts, among many other Western States bankruptcy courts) is in the majority to require creditors to return debtor’s property. *FREE* shipping on qualifying offers. With anytime, anywhere access and built-in tools like

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Account & Lists Account Returns & Orders. Mail: New owners of Pocatello’s Cue & Brews expand menu, extend hours, upgrade building, Always be prepared: Prepared meal company launches in Idaho Falls area, Owner of Pocatello quilt shop aims to empower women — one stitch at a time, Avoid financial mistakes during retirement, A look inside Amazon's new Nampa fulfillment center. In addition to creditor and trustee experience, Brent has represented both individual and business debtors in chapter 7 liquidation proceedings and chapter 11 reorganizations. The print version of this textbook is ISBN: 9781454822387, 1454822384.

We will be on the lookout for the Supreme Court’s decision in Fulton, which has the potential to change how creditors in Idaho and beyond react to a debtor’s bankruptcy filing after the creditor obtains the debtor’s property.

Free to join. The print version of this textbook is ISBN: 9781454822387, 1454822384. ISBN-10: 1454822384 ISBN-13: 2901454822386 Pub. You have permission to edit this article. Fall 2014 Links for this publication: contribution. See search results for this author. jwestbrook@law.utexas.edu, Phone: The Law of Debtors and Creditors Text, Cases, and Problems 7th Edition by Elizabeth Warren; Jay Lawrence Westbrook; Katherine Porter; John Pottow and Publisher Aspen Publishers.

The focus for the justices in Fulton will be on 11 U.S.C.

highlighters, flashcards, and study groups, it’s easy to see why so The world’s #1 eTextbook reader for students. Brent also represents a chapter 7 trustee in adversary proceedings and other matters. Does it have to give it back if the debtor still holds an interest in the property? Majority and minority holdings of the Circuit Courts of Appeals. Try Prime. Skip to main content.us. Law of Debtors and Creditors.

The automatic stay (11 U.S.C. The automatic stay is a complex (it has over 6,000 words) and frequently litigated statute with far reaching implications for debtors and creditors alike. Upon filing the bankruptcy petition, the automatic stay goes into effect automatically to stay all acts and proceedings against the debtor and the debtor’s property. Sign up today, or manage your subscriptions, to one of our great newsletters: Search the complete digital archives for all papers in the Pioneer News Group. All Hello, Sign in.

our site, you are agreeing to our (Wolters Kluwer).

[Reprinted in 12 Journal of Bankruptcy Law & Practice, Consumer Bankruptcy in Global Perspective, Jay L Westbrook, Teresa Sullivan & Elizabeth Warren, Resolution of Financial Distress: An International Perspective on the Design of Bankruptcy Laws, Actes de la recherche en sciences sociales, Making Commercial Law: Essays in Honor of Roy Goode, Current Developments in International and Comparative Corporate Insolvency Law, Jay L Westbrook, Donald T. Trautman and Emmanuel Gaillard, Insolvency and Finance in the Transportation Industry, Proceedings of the Symposium on Insolvency, The University of London Joint Energy Conference, The Development of Bankruptcy & Reorganization Law in the Courts of the Second Circuit of the United States, 727 East Dean Keeton St. We use cookies so you get the best experience on our website. Chapter 15 Comes of Age. § 362) is the powerful, self-executing, omnipresent, flashing stop sign for all creditors when a debtor filing for bankruptcy.

The Law of Debtors and Creditors (7th edition, Aspen, 2014) Aspen.

Brent has experience representing secured and unsecured creditors in all phases of the chapter 7, chapter 11, chapter 12, and chapter 13 process, in defending creditor proof of claims, in representing creditors in various adversary proceedings, and in representing creditors in exception to discharge and objection to discharge cases. The most comprehensive source of law school outlines anywhere with the only outline exchange program available. Cookie Policy. VitalSource is the leading provider of online textbooks and course 512-232-1303, Room: § 362(a)(3), its legislative history and the turnover provision of the Code found at 11 U.S.C. Actions in violation of the automatic stay are void — not voidable — and a willful disregard for the automatic stay can bring the offending party liability for damages the debtor incurred and, possibly, punitive damages. The city then refuses to return them, and the debtors file motions for a determination that Chicago was in violation of the automatic stay for failing to give back the vehicles. These problems deal with Bankruptcy Law, which is usually taken as an upper division law school course.

platform over the past year to improve their learning experience and The Supreme Court has addressed this statute several times, and, indeed, even this year, it issued an opinion in Ritzen Group Inc. v. Jackson Masonry LLC holding that an order denying relief from the automatic stay is a final, appealable order. Law of Debtors and Creditors: Text, Cases, and Problems, Seventh Edition / Edition 7 available in Hardcover. That is so because the Court of Appeals for the 7th Circuit (the appellate court with binding authority over Chicago bankruptcy courts) had already ruled that it was a violation of the automatic stay to passively retain property of the debtor in Thompson v. General Motors Acceptance Corp., 566 F.3d 699 (7th Cir. Explore summarized Debtors and Creditors case briefs from The Law of Debtors and Creditors: Text, Cases, and Problems - Warren, 7th Ed. The oral argument for Fulton is now reset for Oct. 13 after being postponed in April. Save up to 80% by choosing the eTextbook option for ISBN: 9780735596108, 0735596107.

The Demystification of Contracts in Bankruptcy, Ian Flectcher and the Internationalist Principle, Secured Creditor Control and Bankruptcy Sales: An Empirical View, Opinion: No Debtor “Presence” is Required for Chapter 15 Recognition. Are you an author?


titles available from more than 1,000 publishers, customer reviews with an average rating of 9.5, digital pages viewed over the past 12 months, institutions using Bookshelf across 241 countries. Courts in the majority hold like the 7th Circuit did in Thompson that passively retaining the debtor’s property upon a bankruptcy filing violates the automatic stay based on the plain language of 11 U.S.C.


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