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Bankruptcy 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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