I will be publishing cases citing and interpreting the Supreme Court’s recent decision in Taggart concerning the enforcement of the discharge order. So far three cases have addressed or referred to the Taggart case.
You can listen to a great webinar about Taggart by going to NACBA.org and clicking on the webinar tab. Henry Sommer, Max Gardner, and Matt Mason give a great outline of the case and many suggestions how to practically address the ramifications in your chapter 13 plan, letters to clients and creditors and the burden of proof and pleadings.
Taggart watch summary:
Case 1: The Bankruptcy Court for the Northern District of Ohio cited Taggart in its opinion concerning the failure of a Debtor to comply with the terms of an agreed order to turnover property to the trustee. The court compared the Taggart test for contempt with the civil contempt elements under circuit and local precedent.
Case 2: The District Court for the Eastern District of Missouri cited Taggart in finding an injunction to solicit former customers was not specific enough to sanction a defendant when the customers directly reached out to him.
Case 3: The Bankruptcy Court for the Middle District of Alabama applied Taggart directly in a discharge violation case.
These cases are discussed in detail below.
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