Law Office of Stephan A. Hoover

Today the U.S. Supreme Court decided to hear the case of Taggart v. Lorenzen. This comes from the 9th Circuit- ours - which made a horrible decision when it found that a creditor's subjective good faith belief (even if unreasonable) that the discharge did not apply was sufficient to insulate the creditor from liability for violating the discharge injunction. That’s the key order of the court that gives relief to honest but unfortunate debtors and gives a fresh start. Hopefully SCOTUS will undue this bad decision that gives an easy out to creditors who ignore the law and try to keep collecting on discharged debts.

Update on Taggart v. Lorenzen - The Supreme Court has vacated and remanded Taggart v. Lorenzen, holding that a good faith belief by itself won't insulate against a violation of the discharge injunction, but that there must be "no fair ground of doubt" before imposing contempt for discharge violations. This is a win for the consumer who finds themself being the victim of creditors trying to collect on discharged debts!

Excellent decision denying in part the Motion to Dismiss in our case Sanchez v. Servis One. As Hon. Jeffrey T. Miller, United States District Judge explains - As to whether the communications sent to Plaintiffs violated the automatic stay, while an automatic stay does not prohibit all types of communication, the types of communications alleged here are precisely the kind the stay provisions were intended to prevent. Morgan Guar. Trust Co. of New York, 804 F.2d at 1491....Continue reading

Here’s the meat and potatoes involved with the President’s claim to be able to build the wall by declaring a national emergency. After this, he is required to keep an accounting of spending and inform Congress on a regular basis. This is a power delegated by Congress to the Executive Branch decades ago. 50 U.S. Code sec. 1621 - Declaring a National Emergency (a)With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any s...Continue reading

Today the U.S. Supreme Court decided to hear the case of Taggart v. Lorenzen. This comes from the 9th Circuit- ours - which made a horrible decision when it found that a creditor's subjective good faith belief (even if unreasonable) that the discharge did not apply was sufficient to insulate the creditor from liability for violating the discharge injunction. That’s the key order of the court that gives relief to honest but unfortunate debtors and gives a fresh start. Hopefully SCOTUS will undue this bad decision that gives an easy out to creditors who ignore the law and try to keep collecting on discharged debts.

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