Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.
In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.
A subsequent transferee may be entitled to challenge a fraudulent transfer judgment from a prior suit against the initial transferee.
Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.
Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.
Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.
An action that could violate the FDCPA may not be a violation of the discharge injunction.
Occupancy and intent to be a permanent residence are all that’s needed for a homestead exemption, even if the house violates local ordinances.
If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.