Edwards v. City of Ferguson

The Bankruptcy Appellate Panel affirmed the bankruptcy court's grant of the city's motion for summary judgment and denial of debtor's motion for summary judgment in an adversary proceeding alleging that the city violated the automatic stay by refusing to release the warrant for her arrest and refusing to release her driver's license without payment of the fine. The panel held that debtor failed to identify any post-petition action by the city that would be in violation of the stay. The panel agreed with the bankruptcy court that the city was not required to issue a compliance letter regarding debtor's driver’s license. Therefore, debtor failed to show that the city's inaction regarding the compliance letter has somehow led to her inability to obtain a driver's license. Finally, the panel agreed with the city that the reference in the bankruptcy court's order to a driver's license being property of the estate was taken out of context by debtor and was not a factor in the bankruptcy court's decision. View "Edwards v. City of Ferguson" on Justia Law