Starting now, all creditors must exercise more caution when trying to collect against discharged bankruptcy debtors, because a creditor’s good faith belief that the discharge injunction did not apply is no longer a viable defense. On Monday, June 3, 2019, the U.S. Supreme Court clarified the standard for awarding sanctions against a creditor for violation of the discharge injunction, unanimously holding that a court may hold a creditor in civil contempt for violating a discharge order if there is “no fair ground of doubt” that the discharge order barred the creditor’s conduct.
USA, Insolvency & Restructuring, Litigation, Dykema Gossett PLLC, Supreme Court of the United States
Bankruptcy Remote? Maybe Not
USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Wills & Probate, Dykema Gossett PLLC, Bankruptcy, Debtor
Supreme Court Rules on Importing And Selling Foreign Made Goods
USA, Copyrights, Insolvency & Restructuring, Litigation, Media & Entertainment, Trademarks, Dykema Gossett PLLC, Commercial law, Exclusive right, Google, Copyright Act 1976 (USA), Supreme Court of the United States, Second Circuit