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Homeowner lostBindingPending attorney reviewBankruptcy automatic stay

City of Chicago v. Fulton

City of Chicago v. Fulton, 592 U.S. 154 (2021)

Court
Supreme Court of the United States
Decided
2021-01-14
Docket
19-357

What happened

Chicago impounded cars for unpaid fines. After the owners filed Chapter 13, the city kept the cars, and the owners said that violated the automatic stay.

What the court decided

The Supreme Court held that merely keeping property seized before the bankruptcy does not violate the stay provision in § 362(a)(3); the debtor must use the turnover process instead.

In the court's words

“mere retention of estate property after the filing of a bankruptcy petition does not violate §362(a)(3)”

Why it may matter to you

The stay stops new actions — like a foreclosure sale — but getting back something already taken requires a separate request to the bankruptcy court. File before the sale.

Why it might not apply

The Court decided only § 362(a)(3); other stay provisions and the turnover remedy remain.

Most useful when

  • A creditor had your property before you filed bankruptcy and will not give it back

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationCity of Chicago v. Fulton, 592 U.S. 154 (2021)Short formFulton, 592 U.S. 154

Draft — check it with free legal aid before you file or say it in court.

In City of Chicago v. Fulton, 592 U.S. 154 (2021), the court held that merely retaining estate property seized before the bankruptcy filing does not violate the automatic stay under § 362(a)(3). Here, [say in one sentence what happened in your case]

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