April 20, 2020
ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.
April 10, 2020
Filing with PACER should be left to the experts, by which we mean paralegals.
April 6, 2020
Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.
April 3, 2020
If a creditor objects to chapter 13 eligibility in good faith, the court may look behind the debtor’s schedules to decide whether the debt exceeds the cap.
April 1, 2020
Circuit says it’s easy to show reasonable reliance on a false financial statement.
March 26, 2020
Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.
March 24, 2020
Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.
March 23, 2020
Discharge was violated, but sanctions are likely out of reach.
March 20, 2020
Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.
March 19, 2020
The creditor was guilty of an automatic stay violation, but Taggart insulated the creditor from liability for a discharge violation for continuation of the same conduct.