Third Circuit Holds that Auto Loan Company Did Not Violate Bankruptcy Automatic Stay by Refusing to Return Chapter 13 Debtor Vehicle
Third Circuit Holds that Auto Loan Company Did Not Violate Bankruptcy Automatic Stay by Refusing to Return Chapter 13 Debtor Vehicle

In a ruling which is sure to have future implications, the Third Circuit Court of Appeals, in In re: Denby-Peterson, No. 18-3562 (3d Cir. 2019), that a secured creditor does not have an affirmative obligation under the automatic stay to...

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Court Holds IRS, Which Violated Automatic Stay, Must Pay Bankruptcy Debtors Damages For Emotional Distress
Court Holds IRS, Which Violated Automatic Stay, Must Pay Bankruptcy Debtors Damages For Emotional Distress

The United States Bankruptcy Code, when used in a timely and systematic way, is a powerful law that may allow both consumer and business debtors to wipe out some debts and to substantially restructure others.  To protect the filing debtor...

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What Chapter 11 Bankruptcies Filed by a Toy Retailing Giant & Kabbalah Taxi Have In Common ?
What Chapter 11 Bankruptcies Filed by a Toy Retailing Giant & Kabbalah Taxi Have In Common ?

Two Interesting examples of how the internet is destroying  business both big and small are the Chapter 11 Petitions filed by Toys R Us and Kabbalah Taxi Inc. The provisions of the Automatic Stay of the  Bankruptcy Code, 11 U.S....

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