Lender Alert: Supreme Court to Resolve Circuit Split on Whether Creditor Inaction Constitutes a Stay Violation
By Michael L. Moskowitz and Melissa A. Guseynov
We recently reported on a Third Circuit opinion, which held that the automatic stay does not require a secured creditor to immediately turnover repossessed property. We noted the circuit split on this issue, explaining that the Second, Seventh, Eighth, Ninth and Eleventh Circuits would find a stay violation in these circumstances while the Tenth Circuit and District of Columbia Circuit would not. Read the full article here.