Even with Knowledge of Bankruptcy, Discharge Contempt Requires Notice of Discharge
The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.
Follow the Rules or Lose an Exemption in a New Home While in Chapter 13
Chapter 13 debtors lost an exemption in a new home after converting to chapter 7 because they didn’t follow the rules.
Statement of Profitability Must Be in Writing to Underpin a Nondischargeability Claim
A statement about the profitability of a corporation the debtor owns is a statement about the debtor’s own financial condition, the Fifth Circuit says.
The Mailbox Presumption Won’t Deem a Claim to Have Been Timely Filed
Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.
Arizona District Judge: No Final Orders in Preference Suits Without a Claim or Consent
Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.
Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy
Sometimes, being too aggressive backfires when the defendant files bankruptcy.