Discharge/Dischargeability

Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13

Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.

Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13

Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.

Benchnotes January 2021

Jan 2021

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.

Student Loans, Reexamined