Post-Taggart, Debtors May Face Higher Pleading Standard
Law360 (August 23, 2019, 2:06 PM EDT) -- The recent decision from the United States District Court for the Middle District of Alabama in Moore v. Automotive Finance Corp. demonstrates how the U.S. Supreme Court’s decision this term in Taggart v. Lorenzen means that a complaint can be dismissed for failure to state a claim even if it plausibly alleges a violation of the discharge injunction.
Before turning to the case in question, a brief recap of the Supreme Court’s decision in Taggart is warranted.
The Taggart Decision
In Taggart, the Supreme Court rejected a strict-liability standard for the imposition of contempt for violating the discharge injunction. Instead, the...
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