Rochelle's Daily Wire

ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.

Filing with PACER should be left to the experts, by which we mean paralegals.

Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.

If a creditor objects to chapter 13 eligibility in good faith, the court may look behind the debtor’s schedules to decide whether the debt exceeds the cap.

Circuit says it’s easy to show reasonable reliance on a false financial statement.

Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.

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

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

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

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.