I Can’t Live … With or Without You; Retaining Property and the Automatic Stay

Your client repossessed an individual’s vehicle and that individual has filed a petition for relief under the Bankruptcy Code. Is your client violating the automatic stay by waiting to return the vehicle?

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Related Content

• Turnover under Section 542 of the Bankruptcy Code
  See this practice note for a discussion of turnover under Section 542 of the Bankruptcy Code.
• Automatic Stay
  Review this practice note for general information on the automatic stay under Section 362 of the Bankruptcy Code.
• Automatic Stay: When the Debtor Is an Individual
  Use this practice note to understand the limitations of the automatic stay when an individual debtor files a bankruptcy case.
• Relief from the Automatic Stay for Cause, Including Adequate Protection
  See this practice note for a discussion of relief from the automatic stay under Section 362(d)(1) of the Bankruptcy Code.

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