Adams and Reese attorneys Richard Carmody, Tim Anzenberger, and Joshua Lesser had their article “Sixth Circuit Holds that Constitution Requires Hearing within Two Weeks of Vehicle Seizure” published in American Bankruptcy Institute’s Rochelle’s Daily Wire, an ABI members only exclusive newsletter.
In addressing Michigan county’s car-seizure and forfeiture practices, the Sixth Circuit sets a clear benchmark for debtors in the Ingram v. Wayne County, Michigan decision.
“Civil and criminal forfeiture has been front of mind for many Constitutional and civil-rights advocates lately, and the facts underlying Ingram v. Wayne County, Michigan may give readers a sense of why,” writes the Adams and Reese authors.
“A three-judge panel of the Sixth Circuit, with Judge John Bush for the majority and Judge Amul Thapar concurring, took a critical tone toward civil and criminal forfeiture practices in holding that the Due Process Clause of the Fourteenth Amendment requires a post-deprivation hearing within two weeks of seizing a vehicle.”