Court Narrowly Construes Taggart to Find Contempt of the Discharge Injunction
Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.
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Bankruptcy Code
Automatic Stay Applies Automatically to the Archbishop of a Bankrupt Archdiocese
Although a lawsuit against the archbishop violated the automatic stay, Judge Thuma of Albuquerque declined to impose sanctions because precedent was ‘spotty or nonexistent.’
New York’s High Court Splits on Federal Preemption of Tortious Interference Claims
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
The Debtor in Taggart v. Lorenzen Loses Again after Remand by the Supreme Court
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.
Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy
Sometimes, being too aggressive backfires when the defendant files bankruptcy.