United States Seventh Circuit

In an action involving seized assets related to a bankruptcy proceeding, district court judgment is reversed where: 1) defendant exercised control over property belonging to plaintiff's bankruptcy estate when it held onto the vehicle and refused to return it to the estate upon request, in violation of Bankruptcy Code sec. 362(a)(3); and 2) defendant must relinquish possession of the vehicle as a creditor is required to immediately return a seized asset in which a debtor has an equity interest to the debtor's estate upon his filing of Chapter 13 bankruptcy, and then it can seek adequate protection of its interests in bankruptcy court.

Appellate Information

• Argued 02/10/2009
• Decided 05/27/2009
• Published 05/27/2009

Judges

• WILLIAMS, Circuit Judge., Before CUDAHY, WILLIAMS, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Brian R. Zeft (argued), Semrad & Associates, Chicago, IL, for Appellant.


• For Appellees:
  
• James M. Philbrick (argued), Mundelein, IL, for Appellee.