Consumer Bankruptcy

Tuesday, March 24, 2020

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Tuesday, March 24, 2020

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Corporate Governance

Creditors' Committee

Practice and Procedure

Consumer Bankruptcy

Business Reorganization

Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Ninth Circuit BAP Applies Taggart to Violations of the Automatic Stay

Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.

Court :

9th Circuit

Indebted to the Agency: What to Do When Social Security Is Your Creditor

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

Consumer Debt

Discharge/Dischargeability

Govt. Claims/Sovereign Immunity

Health Care

Benchnotes May 2020

Bankruptcy Code

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Administrative Expense Claims

Asset Sales

Claims

Bankruptcy Litigation

Professional Compensation/Fees

Consumer Bankruptcy

Discharge/Dischargeability

Another Case Shows the Need to Provide Remedies for Discharge Violations

Discharge was violated, but sanctions are likely out of reach.

Court :

7th Circuit

Two Circuits Hold that a Debt Buyer Can Be a ‘Debt Collector’ Under the FDCPA

Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.

Court :

9th Circuit

Mortgage Servicer Hit with $300,000 in Actual and Punitive Damages for Stay Violation

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.

Court :

9th Circuit

Nevada