Legal Opinion
In re Fulton
United States Bankruptcy Court, N.D. Illinois
Decided June 5, 2018No. Case No. 18 BK 02860Published
1Opinion of the Court
Jack B. Schmetterer, United States Bankruptcy Judge
An Opinion and Order has been entered on Debtor Robbin Fulton's Motion for Sanctions and her Objection to Claim of the City of Chicago [Dkt. Nos. 39, 40 and 42]. The City has been ordered to return to Debtor her vehicle which was seized prepetition or face a monetary fine of $100.00 per day. This ruling relies on Thompson v. Gen. Motors Acceptance Corp., LLC , 566 F.3d 699 (7th Cir. 2009) and its holding that the automatic bankruptcy stay requires return of an auto seized prebankruptcy. The City now seeks to stay the order entered in this…
2Cases cited9 opinions
- Nken v. HolderSupreme Court of the United States · 2009
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Fednav International Ltd. v. Continental InsuranceCourt of Appeals for the Seventh Circuit · 2010
- In the Matter of Forty-Eight Insulations, Incorporated, Debtor. Appeal of Maritime Asbestos 1Court of Appeals for the Seventh Circuit · 1997
- Stanley Christmas v. Lolita SandersCourt of Appeals for the Seventh Circuit · 1985
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