The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 142 Number 87

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The People’s Lawyer’s Tip of the Day

Chances are you know an influencer – a person who works with a brand to recommend or endorse a product in social media. Maybe you work at a company that uses influencers or perhaps that describes you, a friend, or a family member. Then you should read a new FTC brochure: Click here for more.


Consumers expected to spend more — and ship more — this holiday season

The U.S. Postal Service (USPS) said it expects to deliver 28 million packages per day between December 16 and 21, with the average falling only slightly after that. Between Thanksgiving and New Years Day, USPS expects to deliver 800 million packages. Consumers should take that into consideration when ordering gifts, leaving plenty of time to get them where they are going. USPS has issued this list of shipping deadlines for consumers sending packages domestically and to U.S. military service personnel: Click here for more.


Your Money

Saving for retirement doesn't have to be a chore. A few small changes can result in a much bigger retirement account balance, given enough time to compound. Here are some ways to save more for retirement without reducing your quality of life. Click here for more.


For the Lawyers

Third Circuit Joins Minority View Regarding Whether Secured Creditor Has Affirmative Obligation to Return Collateral to Debtor Upon Bankruptcy Filing, The circuit courts continue to wrestle over the duties imposed by the Bankruptcy Code’s automatic stay on creditors concerning turnover of a debtor’s impounded vehicle. Is a creditor required to automatically turn over the vehicle as soon as the bankruptcy petition is filed, or can it retain possession while awaiting an order of the bankruptcy court adjudicating turnover in an adversary proceeding? Five circuits, including the Seventh Circuit in City of Chicago v. Robbin L. Fulton, https://www.courtlistener.com/opinion/4631325/city-of-chicago-v-robbin-l-fulton/ have held that the automatic stay requires a creditor to immediately release an impounded vehicle when the owner files for bankruptcy. On the other side of the split, the Tenth and D.C. Circuits have rejected this argument, and they have now been joined by the Third Circuit. The Third Circuit held that a creditor in possession of collateral that was repossessed before a bankruptcy filing does not violate the automatic stay by retaining the collateral post-bankruptcy petition. In re Denby-Petersen (3rd Cir. 2019) Click here for more.

 

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