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Municipal Minute
US Supreme Court Finds Chicago Did Not Violate Bankruptcy Stay in Keeping Impounded Vehicles
Last week, the United States Supreme Court held that the City of Chicago did not violate the automatic stay provision of the Bankruptcy Code when the City refused to return…
Restructuring Globalview
The Supreme Court Confirms That Passive Retention of Property Does Not Violate Section 362(a)(3)
On January 14, 2021, the Supreme Court unanimously held in City of Chicago v. Fulton that a creditor’s passive retention of a debtor’s property does not violate section 362(a)(3) of…
Herrick Restructuring Review
Recent Supreme Court Ruling Provides Important Protection for Secured Creditors
By Stephen Selbst, Gabrielle Fromer
On January 15, 2021, the Supreme Court unanimously ruled in City of Chicago v. Fulton that a secured party in possession of a debtor’s collateral does not violate the automatic…
Bankruptcy & Restructuring Law
New Chapter 15 Filing – Yatsen Group of Companies, Inc.
By Cole Schotz
On January 25, 2021, Ontario, Canada-based Yatsen Group of Companies, Inc. d/b/a Sarku Japan, filed a petition for recognition of a foreign proceeding under Chapter 15 of the Bankruptcy Code…
Texas Law Blog
U.S. Supreme Court Gives Good News to Secured Lenders, Tempered with Words of Caution
By Eric Lockridge, Katilyn Hollowell
The U.S. Supreme Court offered some good news to secured lenders last week, tempered with words of caution. In Chicago v. Fulton, the Court held that a secured creditor does…
Louisiana Law Blog
U.S. Supreme Court Gives Good News to Secured Lenders, Tempered with Words of Caution
By Eric Lockridge, Katilyn Hollowell
The U.S. Supreme Court offered some good news to secured lenders last week, tempered with words of caution. In Chicago v. Fulton, the Court held that a secured creditor does…
Real Bankruptcy Intel
December 2020 Appropriations Act Amends Several Provisions of the Bankruptcy Code
By Aaron Gavant, Danielle A. Corn, Monique J. Mulcare, Sean T. Scott
The Consolidated Appropriations Act of 2021 (the CAA), which President Trump signed into law on December 27, 2020, amends several provisions of the Bankruptcy Code. While a number of the…
Reinhart Boerner Van Deuren s.c. Alerts and Updates
Supreme Court Rules That “Mere Retention” of Property Does Not Violate Bankruptcy Code’s Automatic Stay Provision
By Frank W. DiCastri, Sara McNamara
The post Supreme Court Rules That “Mere Retention” of Property Does Not Violate Bankruptcy Code’s Automatic Stay Provision first appeared on Reinhart Boerner Van Deuren
Financial Services Perspectives
Supreme Court Holds Mere Retention of Bankruptcy Debtor’s Property Is Not a Violation of the Automatic Stay but More Questions Remain
For the past few years, the federal circuit courts have struggled with the issue of whether a creditor retaining possession of bankruptcy estate property violates the automatic stay. For example,…
Bankruptcy Law Insights
Commercial Landlords Take Note – COVID Relief Bill Contains Important Bankruptcy Code Amendments
By Ben Feder
The much-ballyhooed COVID relief bill passed by Congress at the end of last year, in addition to providing for $600 checks to millions of people, includes several COVID-related amendments to…