Chicago v. Fulton
In an amicus brief filed with the U.S. Supreme Court, the ACLU of Illinois, ACLU, Cato Institute, Fines and Fees Justice Center, Institute for Justice, R Street Institute, and the Rutherford Institute provide context necessary to resolve the specific question raised by Chicago v. Fulton: whether a creditor violates the Bankruptcy Code’s automatic stay, 11 U.S.C. § 362(a)(3), when it decides, after a debtor has filed for bankruptcy, not to comply with its obligation under the turnover provision, 11 U.S.C. § 542(a), to return estate property to the debtor, thereby frustrating the individual’s ability to get a fresh start through bankruptcy.
