February 26, 2021
Deducting a loan to a child from her inheritance wasn’t a violation of the discharge injunction.
9th Circuit
February 10, 2021
The finding of proper notice in a confirmation order satisfies the debtor’s burden of proving notice by publication to creditors with future claims, even in the absence of a trust for future creditors, Houston judge says.
5th Circuit, Texas, Texas Southern District
February 02, 2021
Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?
6th Circuit
January 18, 2021
When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.
11th Circuit, Florida, Florida Middle District
January 14, 2021
The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.
9th Circuit
December 03, 2020
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
9th Circuit
December 03, 2020
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
9th Circuit
November 27, 2020
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.
9th Circuit
