Circuit Split Narrows on the Automatic Stay and Turnover of Repossessed Cars
Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.
Stay Annulment Is Ok Just to Avoid Liability for Willful Stay Violation
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
May a Trustee Recover Proceeds from Fraudulently Transferred Property?
Courts disagree on whether a trustee may recover proceeds of a fraudulent transfer from a later transferee, not only the fraudulently transferred property itself.
Seventh Circuit Opinion on Contempt Raises Questions under Taggart
On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?