April 10, 2020
April 6, 2020
Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.
April 1, 2020
Circuit says it’s easy to show reasonable reliance on a false financial statement.
March 27, 2020
Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.
3rd Circuit , Delaware ,
March 24, 2020
Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.
March 23, 2020
Discharge was violated, but sanctions are likely out of reach.
March 19, 2020
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.
9th Circuit , Nevada ,
March 18, 2020
Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.
March 13, 2020
The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’
March 6, 2020
Unemployed for 16 months, surviving on food stamps, and living rent-free enabled a debtor to discharge student loans.