The Third Circuit has recently held in In re Denby-Peterson, 941 F.3d 115 (3rd Cir. 2019) that creditors who refuse to relinquish an item that was seized pre-petition are not subject to sanctions because their refusal does...more
2/3/2020
/ Affirmative Defenses ,
Asset Seizure ,
Automatic Stay ,
Bankruptcy Court ,
Certiorari ,
Collateral ,
Creditors ,
Debtors ,
Repossess ,
Section 362 ,
Turnover Laws ,
Willful Violations
A District Court in the Seventh Circuit has held that a debt collector may not avail itself of the § 1692k(c) bona fide error defense if it “intentionally chose to present conflicting information,” even if that conflicting...more