January 8, 2021
Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.
December 23, 2020
Although a lawsuit against the archbishop violated the automatic stay, Judge Thuma of Albuquerque declined to impose sanctions because precedent was ‘spotty or nonexistent.’
December 2, 2020
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
2nd Circuit , New York ,
November 27, 2020
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.
November 20, 2020
Sometimes, being too aggressive backfires when the defendant files bankruptcy.
November 5, 2020
A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.
October 23, 2020
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
October 13, 2020
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
October 7, 2020
The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.
10th Circuit , Colorado ,