April 20, 2020
ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.
9th Circuit
April 10, 2020
Filing with PACER should be left to the experts, by which we mean paralegals.
10th Circuit, Utah
April 06, 2020
Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.
1st Circuit, Rhode Island
April 03, 2020
If a creditor objects to chapter 13 eligibility in good faith, the court may look behind the debtor’s schedules to decide whether the debt exceeds the cap.
9th Circuit
April 01, 2020
Circuit says it’s easy to show reasonable reliance on a false financial statement.
5th Circuit
March 26, 2020
Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.
9th Circuit
March 24, 2020
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
March 23, 2020
Discharge was violated, but sanctions are likely out of reach.
7th Circuit
March 20, 2020
Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.
9th Circuit
March 19, 2020
The creditor was guilty of an automatic stay violation, but Taggart insulated the creditor from liability for a discharge violation for continuation of the same conduct.
9th Circuit, Nevada
