Discharge/Dischargeability

Recent Consumer Case Law Developments with Bill Rochelle

Court Records Destroyed, a Finding of Proper Notice Presumes Notice by Publication

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.

‘Accrual Test’ Survives to Say Whether the Debtor or the Estate Owns a Claim

Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?

Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees

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.

Even with Knowledge of Bankruptcy, Discharge Contempt Requires Notice of Discharge

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.

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.

Consumer Commission Report: Top 10 Wish List

Hot Topics with Bill Rochelle

Benchnotes February 2021

Feb 2021