Taggart’s Effect Evident in Eleventh Circuit Ruling on Discharge Violation
An action that could violate the FDCPA may not be a violation of the discharge injunction.
Fourth Circuit Widens the Split on Judicial Estoppel’s Bad Faith Presumption
A debtor’s assertion of estate claims implicates ‘real party in interest,’ not Article III standing, circuit court says.
A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart
An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.
Second Circuit Opinion Raises Questions Left Open by Taggart v. Lorenzen
If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?
For Petitions the Clients Had Not Seen or Signed, Lawyer Recommended for Disbarment
Judge Olson refers a lawyer for civil and criminal investigations after uncovering dozens of unauthorized filings.
Supreme Court Rejects Strict Liability for Discharge Violations
‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.
Fifth Circuit Upholds Sanctions Against ‘Nationwide’ Law Firm
Appeals court lauds Bankruptcy Judge Jeffrey Norman’s ‘well-reasoned’ opinion.