What Is Property for Due Process Purposes?

Related Stories

• Second Circuit Erects Barriers to Due Process When Challenging Permit Denials

  By Stewart E. Sterk

  Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.

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  Bankruptcy Court Says Bankruptcy Case Is ‘Filed’ When Uploaded, Not Stamped

  By Lawrence J. Kotler and Drew S. McGehrin

  The U.S. Bankruptcy Court for the Southern District of New York summed up the importance of the determination as to when a bankruptcy case is actually filed of record, thereby triggering the imposition of the automatic stay and found that the “upload” time of a bankruptcy filing — and not the time physically “stamped” on a bankruptcy petition — determines when a case is commenced. In doing so, the Bankruptcy Court offered direction and guidelines that debtors and creditors will be well advised to observe in future cases.

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