Automatic Stay

Seventh Circuit Opinion on Contempt Raises Questions under Taggart

On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?

The Finality Countdown: Supreme Court Unlikely to Adopt a “Blanket Rule” for Orders Denying Stay Relief in Jackson Masonry

Oct 2019

Second Circuit Defines a Prohibited Double Recovery on Fraudulent Transfers

There is no prohibited double recovery from multiple defendants, the appeals courts says, until the trustee has recovered cash equaling the value of the fraudulently transferred property.

A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart

An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.

Bankruptcy and Sua Sponte State Contempt Proceedings

Sept 2019

Violations of the Automatic Stay and the Discharge Injunction

You Don’t Need a Sledgehammer to Crack a Nut: Only a Causal Connection Should Trigger the 180-Day Bar Necessary to Prevent Abusive Repeat Filings

August 2019

Second Circuit Opinion Raises Questions Left Open by Taggart v. Lorenzen

If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?

Benchnotes August 2019

August 2019

Seventh Circuit Solidifies a Circuit Split on the Automatic Stay

Disagreeing with the Tenth and D.C. Circuits and siding with four other circuits, the Seventh Circuit rules that passively holding estate property violates the automatic stay.