Kurtis Helmborg v. Fortunetworks Finance Corporation

Year: 2018 (Vol. 42)

Topics: Bankruptcy Law

Question(s) presented: Whether refusing to turn over property to the debtor after a bankruptcy petition is filed constitutes an “exercise of control” that violates the bankruptcy stay as required under 11 U.S.C. § 362(a)(3).

Format: Word and PDF

Prepared by: SeungMoon Lee

Preemption Notice!

The Supreme Court resolved this circuit split by holding that “mere retention of estate property after the filing of a bankruptcy petition does not violate 11 U.S.C. § 362(a)(3). City of Chicago v. Fulton, 141 S. Ct. 585 (2021).