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Schatzman Legal Blog

“Bankruptcy represents a longstanding commitment in this country to helping people get a fresh start. This principle has never been giving only certain people a fresh start.”

The Supreme Court Holds That Passive Retention Of Estate Property Does Not Violate The Automatic Stay, But Stay Tuned . . .

By unanimous opinion, the United States Supreme Court in City of Chicago, IL v. Fulton, 592 U.S. ___ 2021 (January 14, 2021), held that the City of Chicago’s retention of debtors’ vehicles impounded for unpaid fines for motor vehicle infractions did not constitute a violation of the Automatic Stay under 11 U.S.C. § 362(a)(3). Several…
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Consumer Bankruptcy Reform Bill Introduced In The House & Senate

Senator Elizabeth Warren (D-MA) and others have been persistent advocates for consumer bankruptcy reform both prior to and after enactment of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”).  President Biden has sided with Senator Warren’s recommendations and on December 9, 2020, Senators Warren, Dick Durbin (D-IL), and Sheldon Whitehouse (D-RI) introduced the…
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This is One of the Reasons I Prefer Not to Arbitrate

On September 17, 2020, the Eleventh Circuit Court of Appeals issued its opinion in the case of Gherardi v. Citigroup Glob. Markets Inc., No. 18-13181 (11th Cir. Sep. 17, 2020).  The case came before the 11th Circuit after the District Court granted Citigroup’s motion for vacatur, where it sought to vacate the nearly $4 million…
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Better Think Twice Before You Tell Your Debtor Client to Pay You with a Credit Card

If you represent individual debtors and take credit cards for payment of your fees, you might want to re-think that policy.  On March 30, 2018, the Eleventh Circuit Court of Appeals in Cadwell v. Kaufman, Englett & Lynd, PLLC, Case No. 17-10810, reinstated a suit against Kaufman, Englett & Lynd (“KEL”) for violation of 11…
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The 11th Circuit Clarifies that New Value Need Not Remain Unpaid to Constitute a Valid Preference Defense

In Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), 2018 U.S. App. LEXIS 22504 * | __ F.3D __ | 2018 WL 3850101 (11th Cir 2018), decided on August 14, 2018, the Eleventh Circuit Court of Appeals made clear that any reliance on its decision in Charisma Investment Company, N.V. v. Airport Systems,…
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