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· 7/13/2017

WILLIAM HAGER v. STATE OF FLORIDA

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reaffirming that Section 362(a)(3) “becomes effective immediately upon filing the petition and is not dependent on the debtor first bringing a turnover action”
  • finding that the city’s actions were focused on the debtors’ financial obligation because they would give the city “an advantage over other parties interested in the debtors’ estates”
  • passively holding an asset notwithstanding demand for return satisfied Bankruptcy Code’s definition of exercising control
  • the burden is meaningless if the creditor retains possession of property of the estate
  • “Satisfying either test is sufficient for the exception to apply.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.