June 03, 2019

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.

Supreme Court

May 21, 2019

Supreme Court Agrees to Rule on What Is or Is Not a ‘Final, Appealable’ Order

For now, the high court ducks an important automatic stay question for chapter 13 debtors.

Supreme Court

May 14, 2019

Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits

Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.

5th Circuit

May 02, 2019

Freezing a Chapter 7 Debtor’s Bank Account Doesn’t Violate the Automatic Stay

SDNY opinion seems to mean that a bank may freeze a debtor’s entire bank account at filing, without violating the automatic stay.

2nd Circuit, New York, New York Southern District

April 25, 2019

Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation

In Taggart v. Lorenzen, the justices sounded largely noncommittal, except for the Chief Justice, who seemed in the debtor’s camp favoring a stricter standard for contempt of the discharge injunction.

Supreme Court

April 11, 2019

‘Treasury Offset Program’ Can’t Be Used After Bankruptcy, Judge Volk Rules

Bankruptcy Judge Volk, nominated for the district court, rules in favor of the debtor on a question dividing the courts.

4th Circuit, West Virginia, West Virginia Southern District

April 04, 2019

Filing Tag-Team Bankruptcies Resulted in Suspension from Practice

Fed up with a lawyer’s frivolous litigation tactics, the federal and state courts suspended a lawyer from practice.

7th Circuit

April 02, 2019

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.

5th Circuit, Texas, Texas Northern District

March 25, 2019

Automatic Stay Applies to ‘Ordinary Course’ Litigation in Puerto Rico, Circuit Holds

First Circuit finds no exceptions to the automatic stay under PROMESA subjecting Puerto Rico to ‘ordinary course’ litigation.

1st Circuit

March 18, 2019

Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets

Judge Easterbrook pens another gem. Even if you don’t like the result, you gotta like the language.

7th Circuit