Quimbee logo
DMCA.com Protection Status

In re Fulton

926 F.3d 916 (2019)

Case BriefQ&ARelatedOptions
From our private database of 22,300+ case briefs...

In re Fulton

United States Court of Appeals for the Seventh Circuit

926 F.3d 916 (2019)

Facts

The City of Chicago (creditor) impounded vehicles if the owners failed to pay outstanding fines, including parking tickets and penalties for other minor vehicle-related offenses. For a vehicle to be released, the owner had to pay the fines plus impoundment costs. Roughly 9 percent of the city’s annual operating fund came from collection of these fines and penalties. In 2016, based on concerns that people were declaring bankruptcy to avoid financial liability for their impounded vehicles, the city amended its municipal code to impose a possessory lien on impounded vehicles for the full amount necessary to release the vehicle. The city thus began keeping chapter 13 debtors’ impounded vehicles until the debtors’ outstanding fines were paid in full. In 2017 and 2018, the city impounded vehicles owned by Robbin Fulton, Jason Howard, George Peake, and Timothy Shannon (debtors) for failure to pay traffic fines and parking tickets. Fulton, Howard, Peake, and Shannon later filed chapter 13 bankruptcy petitions. The city refused to release the impounded vehicles, claiming that the city was excepted from the Bankruptcy Code’s automatic stay of actions seeking collection of the debtor’s property. In each bankruptcy proceeding, the lower courts ordered the city to return the vehicles and imposed sanctions on the city for violating the automatic stay. The city appealed.

Rule of Law

Issue

Holding and Reasoning (Flaum, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 518,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 518,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions and answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Access this case brief for FREE

With a 7-day free trial membership
Here's why 518,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 22,300 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership