· 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).
Sourced from CourtListener / Free Law Project (CC0).
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