City of Chicago, Illinois v. Fulton
U.S. Supreme Court · decided January 14, 2021 · Supreme Court Database (Spaeth)
- Decided
- January 14, 2021
- Term
- October Term 2020
- Vote
- 8–0
- Majority author
- Justice Alito
- Issue area
- Economic Activity
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus CITY OF CHICAGO, ILLINOIS v. FULTON ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 19–357. Argued October 13, 2020—Decided January 14, 2021 The filing of a petition under the Bankruptcy Code automatically “cre- ates an estate” that, with some exceptions, comprises “all legal or eq- uitable interests of the debtor in property as of the commencement of the case.” 11 U. S. C. §541 (a). Section 541 is intended to include within the estate any property made available by other provisions of the Bankruptcy Code. Section 542 is one such provision, as it provides that an entity in possession of property of the bankruptcy estate “shall deliver to the trustee, and account for” that property. The filing of a petition also automatically “operates as a stay, applicable to all enti- ties,” of efforts to collect prepetition debts outside the bankruptcy fo- rum, §362(a), including “any act to obtain…
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