Does Objecting To Repossession Create A Breach Of The Peace?

Mealey's (June 5, 2023, 4:18 PM EDT) -- In the last year, two federal courts in New York ruled that a repossession of collateral over the verbal protest of the debtor was permissible. The rulings appear to be – and claim to be – part of a trend that departs from decades of contrary decisions. Whether that trend will continue is questionable. One of the rulings is currently on appeal to the Second Circuit. Both are subject to substantial criticism. The remainder of this article explores the issue in more depth....