January 21, 2021
The record as a whole and the likelihood of further abuse justify a pre-filing injunction.
January 18, 2021
When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.
January 14, 2021
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
January 11, 2021
Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.
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.
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.