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
An unpublished opinion from the Sixth Circuit provides a useful application of the statute of limitations to bar a debtor’s claims under the Equal Credit Opportunity Act, 15 U.S.C. § 1691e (“ECOA”). In Guy v. Mercantile Bank...more