Consumer Bankruptcy

Riding the Wave: Visiting and Revisiting the Automatic Stay, Discharge Injunction and Sanctions in the Wake of Fulton v. City of Chicago and Taggart v. Lorenzen

Industry Spotlight & 2022 Economic Outlook: Will Your Next Case Be Feasible?

Ninth Circuit Affirms the BAP on the Outer Limits of the Discharge Injunction

Deducting a discharged loan to a child from her inheritance didn’t violate the discharge injunction.

No Duty to Release an Attachment After Fulton, Ninth Circuit BAP Says

The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.

Inside ABI December 2021

Dec 2021

Legislative Highlights December 2021

Dec 2021

Merely ‘Technical’ Stay Violations Don’t Obviate Section 362(k) Sanctions, BAP Says

Even when the debtors are not parties to the suit, the stay is violated when a creditor pursues an action to collect a debt owing by the debtors, so says the Ninth Circuit BAP.

Disastrous Litigation Strategy Didn’t Justify Stay Modification, Eleventh Circuit Says

Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.

How Courts Continue to Grapple with Siegel and Statutory Commands

Jan 2022