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Presenters: Cathy Moran Esq., Judge Meredith Jury, Jenny Doling Esq.
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$109 Member / $185 Non-Member

On remand from the Supreme Court, the Ninth Circuit found that, under the Supreme Court’s objective standard, the debtor’s active post-bankruptcy litigation in state court of the terms of his separation from his business partnership established sufficient cause for his business partner creditors to have a reasonable belief that he had “returned to the fray” and that their motion for attorney’s fees would not violate the discharge injunction. Lorenzen v. Taggart, No. 16-35402 (9th Cir. Nov. 24, 2020).

Declining to extend its 2002 holding in Walls, the Ninth Circuit found that a Chapter 13 debtor who fully paid the creditor’s claim prior to completion of his plan was not precluded from pursuing an FDCPA claim based on the creditor’s post-discharge collection efforts. Manikan v. Peters & Freedman, L.L.P., No. 19-55393 (9th Cir. Nov. 25, 2020).

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One of the most popular features of NACBA membership is the ability of NACBA members to pose bankruptcy questions and get real-time responses from their colleagues around the country. Through NACBA Connect, NACBA's growing listserv, participants enjoy the unparalleled ability to post both the easy and hard questions to some of the best consumer bankruptcy attorneys in the nation. This listserv also functions as a virtual community of people doing the same type of work. Learn more and join NACBA to take advantage of this member-only benefit!

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