New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.
Sometimes, being too aggressive backfires when the defendant files bankruptcy.
A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.