The Debtor in Taggart v. Lorenzen Loses Again after Remand by the Supreme Court
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.
Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy
Sometimes, being too aggressive backfires when the defendant files bankruptcy.
Creditors Lack Standing to Enforce the Automatic Stay in the Ninth Circuit
A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.
Supreme Court Hears Argument in Fulton: Is Inaction an Automatic Stay Violation?
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
Unrepentant Lender Slammed with $260,000 in Damages for an ‘Egregious’ Stay Violation
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
Creditor Socked with $41,000 in Sanctions for Filing Trumped-Up Criminal Charges
Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.
Lower Courts Now Disagree on Modifying the Stay Retroactively After Acevedo
Did the Supreme Court’s Acevedo opinion preclude annulling the stay? The Ninth Circuit BAP says ‘no.’
Seventh Circuit Requires Court Findings for a Plan Provision the Code Allows
The Seventh Circuit opinion raises the question of whether (or when) a court may restrict the use of a provision in a chapter 13 plan that Section 1322(b) permits.