Joining the Tenth Circuit, the Ninth Circuit also has held that chapter 13 trustees are not paid their fees when cases are dismissed before confirmation. The identical issue was argued on February 15 before the Second Circuit.
In short order, we’ll have either unanimity or a split of circuits. A split will give rise to an issue worthy of a grant of certiorari by the Supreme Court.
Notably, the Ninth Circuit’s opinion on June 12 adopted reasoning in an amicus brief filed in support of the debtor by the National Consumer Bankruptcy Rights Center and National Association of Consumer Bankruptcy Attorneys.
In most of the country, creditors had been judged by an almost strict liability standard for violating the discharge injunction. A decision by Chief Bankruptcy Judge Scott W. Dales of Grand Rapids.....
By holding creditors to account for violating the discharge injunction, a decision from the Ninth Circuit Bankruptcy Appellate Panel demonstrates the significance of the Supreme Court’s Taggart decisi.....
A creditor can obtain retroactive stay relief just to avoid liability under Section 362(k) for a willful stay violation, the Ninth Circuit Bankruptcy Appellate Panel held in ruling on an issue of.....
According to the Eleventh Circuit, an information statement sent by a secured lender regarding a debtor’s discharged personal liability on a mortgage does not violate the discharge injunction in.....
The Fourth Circuit widened an existing split of circuits by holding that the doctrine of judicial estoppel does not include a presumption of bad faith. In the same opinion, the appeals court said that.....
A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart
A case from Alabama demonstrates how the Supreme Court’s decision this term in Taggart versus Lorenzen means that a.....
If contempt proceedings were enjoined by the automatic stay, the non-bankruptcy court cannot proceed even if the contempt sanctions were not to be imposed until after conclusion of the bankruptcy, the.....
A solo bankruptcy practitioner in Florida was suspended from practice for two years and referred to the state and federal grievance committees with a recommendation that she be disbarred, for filing.....
Supreme Court Rejects Strict Liability for Discharge Violations
Today, the Supreme Court rejected a strict liability standard for the imposition of contempt for violating the discharge injunction.....
Fifth Circuit Upholds Sanctions Against Nationwide Law Firm
In September, District Judge Elizabeth Erny Foote of Shreveport, Louisiana, upheld a plethora of sanctions and injunctions imposed on a self.....