Rochelle's Daily Wire

ABI Exclusive

August 19, 2019

Does inaction or refusal to turn over estate property absent a turnover order violate the automatic stay?

August 16, 2019

On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?
On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?

July 30, 2019

There is no prohibited double recovery from multiple defendants, the appeals courts says, until the trustee has recovered cash equaling the value of the fraudulently transferred property.
There is no prohibited double recovery from multiple defendants, the appeals courts says, until the trustee has recovered cash equaling the value of the fraudulently transferred property.

July 29, 2019

An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.
An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.

June 28, 2019

If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?
If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?

June 21, 2019

Disagreeing with the Tenth and D.C. Circuits and siding with four other circuits, the Seventh Circuit rules that passively holding estate property violates the automatic stay.