Bad news for debtors.
A recent ruling by Judge Cassling in Chicago, clarifies provisions of the automatic stay in regards to returns of vehicles that were taken pre-bankruptcy filing.
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ABC’s of Bankruptcy A is for Automatic Stay
Over the next few weeks, I'll be posting some useful bankruptcy information. I'll call it the ABC's of Bankruptcy. Some will be fun, some will be instructional, but all will be informative.
Lets get to it.
A
A is for Automatic Stay.
This falls under Section 362 of the bankruptcy code. It's what gives bankruptcy it's teeth against creditors. The Automatic stay prevents creditors from taking action against bankruptcy debtors. It stops the...
7th Circuit case on the Automatic stay.
In re: Radcliffe, No. 08-2885 (4/23/09).
Appeal, N.D. Ind., Hammond Div. Affirmed.
District Court did not err in granting debtor's motion to enforce automatic stay provisions of bankruptcy code where creditor-pension fund announced to debtor that it would pay debtor his pension benefits, but would withhold said benefits and apply them to existing debt that arose when debtor failed to make required pension contributions to pension fund on behalf of his employees. Pension fund's unilateral...