Southwestern Law School, 3050 Wilshire Boulevard, Los Angeles, CA 90010
11:00 a.m. to 1:00 p.m.
Sixth Annual James T. King Bankruptcy Symposium
Supreme Court: In re Taggart, Discharge Violations
SPEAKERS:
Daniel L. Geyser, Dallas, Texas
Prof. Dan Bussel, University of California, Los Angeles, School of Law
M. Jonathan Hayes, Resnik Hayes Moradi, LLP
Dan Geyser argued the Taggart case before the Supreme Court in April, 2019 and of course obtained a badly needed reversal of the Ninth Circuit opinion. In fact, Dan argued four cases this year in front of the Supreme Court! He is a graduate of Harvard Law School and a very entertaining speaker.
Dan has argued the following cases before the Supreme Court:
- Taggart v. Lorenzen (creditor’s “good faith” does not preclude liability for discharge violations – reversing the Ninth Circuit).
- Obduskey v. McCarthy & Holthus LLP (non-judicial foreclosures not covered by the Fair Debt Collection Practices Act).
- U.S. Bank Nat’l Ass’n v. The Village at Lakeridge, LLC, (appellate standard of review in the “non-statutory insider” context).
His major cases at the circuit court of appeals level:
- Garfield v. Ocwen Loan Servicing, LLC (Bankruptcy Code does not broadly repeal the Fair Debt Collection Practices Act in the discharge context). 811 F.3d 86 (2d Cir. 2016).
- America’s Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) (attorney’s fees proper for prosecuting violations of the automatic stay – convincing the en banc court to overturn past circuit authority).
Prof. Dan Bussell teaches Bankruptcy and Contracts among other subjects at UCLA Law School. He is also a partner at Klee, Tuchin, Bogdanof & Stern LLP. Prof. Bussel received his law degree from Stanford Law School and clerked for Justice Sandra Day O’Connor after that. Published opinions in which Prof. Bussel served as appellate counsel include Stern v. Marshall (US Supreme Court); In re Penrod (US Supreme Court (on cert.) and 9th Cir.); Continental Insurance Co. v. Thorpe Insulation Co. (9th Cir. and US Supreme Court (on cert.)); and Motor Vehicle Insurance Co. v. Thorpe Insulation Co. (9th Cir.).
This will be an very entertaining discussion about the Supreme Court, the Ninth Circuit Court of Appeals, and Taggart, the discharge injunction, violations of the automatic stay and perhaps some predictions about where the court and the law is going.