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Possession is not ‘nine tenths of the law’: Impounded vehicles must be returned when a bankruptcy petition is filed

Lauren Newman July 11, 2019
Photo of U.S. Bankruptcy Court plaque on a building

In a recent opinion, the Seventh Circuit ruled the City of Chicago must return repossessed and impounded vehicles upon receiving a bankruptcy petition, or run the risk of violating the automatic stay under Section 362 of the Bankruptcy Code. The decision helps answer whether the City could continue to hold onto a debtor’s vehicle post-bankruptcy filing when the vehicle was repossessed and impounded pre-bankruptcy. READ MORE