Bankruptcy

In an 8-0 decision in City of Chicago v. Fulton, the U.S. Supreme Court held that the City of Chicago didn’t violate the Bankruptcy Code’s automatic stay provision by holding onto a vehicle impounded after a bankruptcy petition was filed.  The State and Local Legal Center (SLLC) filed an amicus brief in this case asking the...

Unless something surprising happens, Judge Amy Coney Barrett is expected to take the bench before the Supreme Court hears the most recent challenge to the constitutionality of the Affordable Care Act on November 10. But before she is confirmed the Court will hear 10 cases in its October siting with only eight Justices on the bench.

At least four of those cases are of interest to states and local governments. The State and Local Legal Center (SLLC)...

The State and Local Legal Center (SLLC) amicus brief in City of Chicago, Illinois v. Fulton argues that the Supreme Court should rule that a local government need not immediately return a vehicle impounded because of code violations upon a debtor filing for bankruptcy.

The City of Chicago impounds...

The question the Supreme Court will decide in City of Chicago, Illinois v. Fulton is whether a local government must return a vehicle impounded because of code violations immediately upon a debtor filing for bankruptcy.

The City of Chicago impounds vehicles where debtors have three or more unpaid fines. Robbin Fulton’s vehicle was impounded for this reason. She filed for bankruptcy and asked the City to turn over her vehicle...

The Great Recession brought an increased number of bankruptcy filings in states across the nation. Nevada, Michigan and Illinois were consistently among states with the highest bankruptcy rates, while Montana and Wyoming were consistently among states with the lowest bankruptcy rates. Every state saw an increase in filings from 2007, when the recession officially began, through 2010.

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