Saturday, June 9, 2018
11:00 a.m. to 1:00 p.m.
Southwestern Law School
Automatic Stay and Discharge Injunction Violations
SPEAKERS:
- Christopher P. Burke
- Raymond H. Aver
- M. Jonathan Hayes, Moderator
There have been two stunning decisions recently dealing with the common issue of violations of the automatic stay and the discharge injunction. The first is In re Sundquistwhere Judge Christopher Klein in Sacramento awarded $45 million in damages and sanctions against a bank that held a foreclosure sale notwithstanding the prior bankruptcy filing. In In re Marino, Judge Bruce Beesley in Reno, Nevada awarded $119,000 in sanctions and damages when the bank continued contacting the debtor post discharge.
Attorney Christopher Burke represented the Debtors in the Marino matter. After the court awarded the sanctions, Chris sought attorneys fees of $33,000 which he was awarded and later another $8,000 when the attorneys fees were not timely paid.
In addition, Chris has filed a class action suit in district court against Ocwen alleging violation of the Telephone Consumer Privacy Act (“TCPA”). Ocwen moved to dismiss on the basis that the bankruptcy court’s ruling was res judicata. The district court denied that motion. Marino v. Ocwen Loan Servicing, LLC, 2017 WL 3671294 (USDC, D. Nevada 2017).
The panel will also discuss the new 9th Circuit decision of In re Taggart, April 23, 2018, which ruled that the subjective knowledge of the creditor is a defense to a charge of violation of the discharge injunction. Mr. Hayes is involved in the appeal of Taggart as amicus.
2 Hours of MCLE Credit Provided.
Times:
Registration: 10:00am – 11:00am
cdcbaa Membership Meeting: 10:30am – 11:00am
Program: 11:00 am – 1:00 pm
On-site parking $10.00 “