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3rd Circuit Aug 25, 2020

Third Circuit Backtracks; Malice Not Required for Punies on a Dismissed Involuntary

Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.
9th Circuit Jun 10, 2020

Ninth Circuit Criticizes the Supreme Court’s Kelly v. Robinson

Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.
Supreme Court Sep 19, 2019

Justices Postpone Argument in Fulton until the Supreme Court’s Next Term

Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.
9th Circuit Apr 15, 2020

Courts Must Rule on ‘Comfort Orders’ When Requested, BAP Says

ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.
9th Circuit Mar 16, 2020

Ninth Circuit BAP Applies Taggart to Violations of the Automatic Stay

Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.
9th Circuit Mar 9, 2020

Two Circuits Hold that a Debt Buyer Can Be a ‘Debt Collector’ Under the FDCPA

Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.
9th Circuit Mar 17, 2020

Ninth Circuit Equivocates on ‘Collection Injunctions’ in Individual Chapter 11s

Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.
2nd Circuit Feb 25, 2020

To Impair an Exemption, Judicial Lien Must Attach to Property the Debtor Already Owns

A judicial lien may be avoided under Section 522(f) only if the lien attached after the debtor acquired the property.
9th Circuit Mar 6, 2020

Ninth Circuit Takes a Hard Line Against Waiving Discharge Inadvertently

The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’