Taggart v. Lorenzen: Supreme Court Stakes Out Middle Ground on Contempt Standard for Discharge Injunction Violations, Leaves Clues About Automatic Stay Violations

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

Introduction – The Taggart Ruling

Last year, the Ninth Circuit in In re Taggart1 ruled that an act in violation of the discharge injunction did not empower a court to find a creditor in contempt, if the creditor believed in good faith that the discharge injunction did not apply—even if the creditor's belief was "unreasonable." The case has now been decided by . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Measuring Success in Chapter 13: Five Years Later

June 6, 2021

By Brian D. Lynch, Bankruptcy Judge, Western District of Washington Five years ago, I wrote an article for this publication, “Measuring Success in Chapter 13,”1 where I criticized some media and academics for repeating an outdated and misleading statistic about the success of chapter 13 cases. So it was disconcerting to see John Oliver recently on Comedy Central’s Last Week...

Members

Six Things Taxpayers Should Know About the Sharing Economy and Their Taxes

May 5, 2019

From renting spare rooms and vacation homes to car rides or using a bike…name a service and it’s probably available through the sharing economy. Taxpayers who participate in the sharing economy can find helpful resources in the IRS Sharing Economy Tax Center on IRS.gov. It helps taxpayers understand how this activity affects their taxes. It also gives these taxpayers information...

Ask Ms. Ps & Qs

Nancy B. Rapoport

November 26, 2023

“ . . . how can I not write about an opinion that begins, “This is a case of sue first and ask questions later”? We all know that Judge Christopher Klein has a way with words and a precise and methodical way of approaching statutory analysis.”

Members

“Jan Hamilton” – Need We Say More?

Teresa L. Arnold

September 25, 2022

Just prior to a confirmation docket in September of 2006, a local creditor attorney asked me if I would be interested in coming to work at his firm. The chapter 13 trustee was in the room and could not help but overhear. After the docket that trustee asked me if I was looking for a job. I wasn’t . ....

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

November 15, 2020

Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix B Adjustments to Means Test Amounts (Cases Filed On or After November 1, 2020) The tables on the following page provide median family income adjustments reproduced in a format designed for ease of use in completing Bankruptcy Forms 122A-1 and 122C-1. STATE 1 EARNER FAMILY SIZE 2 PEOPLE 3 PEOPLE...

Members

Bankruptcy Courts Begin to Create Rules and Orders Governing the Use of Artificial Intelligence in Court Filing

Rebecca Herr

December 14, 2025

“ . . . , a few Bankruptcy Courts have supplemented Rule 9011 by creating new local rules or issuing standing orders specifically addressing the use of generative AI.”

Members

Ask Ms. Ps & Qs

Nancy B. Rapoport

April 26, 2026

This month, our ethics expert examines the pros and cons of in-person intake meetings versus Zoom and other technology-based approaches for that all-important fact finding client interaction.

Members

Sugar’s Soured Misstep Equals Sanctions

Henry E. Hildebrand, III

April 6, 2025

Sanctions were appropriate against debtor’s counsel for advising the debtor that she could sell her residence without obtaining court approval as required by local rule when the residence had been listed as “exempt” in the petition and the plan provided that the property vested in the debtor at confirmation.

Members

Critical Case Comment – Stay Violation: Repossession No, Sale Yes

Henry E. Hildebrand, III

November 6, 2022

Although the retention of collateral validly repossessed prior to the filing of the petition does not violate the stay, the sale of that property does violate the stay and the sale is void. (Bonapfel) In re Rakestraw, 2022 WL 4085881 (Bankr. N.D. Ga. Sept. 6, 2022) Case Summary Ms. Rakestraw filed Chapter 13 on August 12, 2022, listing her ownership...

Members

Diaz: Is it Really a Tax Refund?

December 20, 2020

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) On its face, Diaz (Diaz v. Viegelahn, No. 19-50982 (5th Cir. Aug. 26, 2020)) is a pretty straightforward decision that struck down a local form plan as violating a below-median income debtor's right to use her tax refund to finance necessary expenses for maintenance and support. On a deeper level,...

Members

Taggart v. Lorenzen: Supreme Court Stakes Out Middle Ground on Contempt Standard for Discharge Injunction Violations, Leaves Clues About Automatic Stay Violations

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

Measuring Success in Chapter 13: Five Years Later

Six Things Taxpayers Should Know About the Sharing Economy and Their Taxes

Ask Ms. Ps & Qs

“Jan Hamilton” – Need We Say More?

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

Bankruptcy Courts Begin to Create Rules and Orders Governing the Use of Artificial Intelligence in Court Filing

Ask Ms. Ps & Qs

Sugar’s Soured Misstep Equals Sanctions

Critical Case Comment – Stay Violation: Repossession No, Sale Yes

Diaz: Is it Really a Tax Refund?

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: