By Michael L. Moskowitz and Melissa A. Guseynov

In a recent opinion of note, the Court of Appeals for the Third Circuit held that the automatic stay does not require a secured creditor to immediately turnover repossessed property . In re Joy Denby-Peterson, Case No. 18-3562 (3d Cir. Oct. 28, 2019).  Read the full opinion here.  

By Michael L. Moskowitz and Melissa A. Guseynov

In a recent decision of interest, the New York Court of Appeals, the highest court in New York State, held that if a divorce judgment grants a spouse an interest in real property and the spouse fails to docket the judgment where the property is located, the spouse’s interest is not subject to attachment by a subsequent judgment creditor that docketed its judgment and seeks execution against that real property. Pangea Capital Mgt., LLC v. Lakian, 2019 N.Y. Slip Op. 05059 (June 25, 2019).  See link here.