November 6, 2015

En Banc Ninth Circuit Win for Daniel L. Geyser

We are proud to announce our recent victory in America’s Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard), No. 12-60052 (9th Cir.).

On October 14, 2015, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued its decision in Schwartz-Tallard resolving an essential issue regarding attorney’s fees under the Bankruptcy Code. In a 10-1 decision, the Court held that injured parties may recover attorney’s fees, under 11 U.S.C. ยง 362(k), for seeking damages for willful violations of the automatic stay. In adopting our firm’s position, the Court agreed to overrule one of its past decisions, eliminate a circuit split, and restore Section 362(k) as a viable option for thousands of debtors in the Ninth Circuit.

Our firm represented the National Association of Consumer Bankruptcy Attorneys as amicus curiae at the rehearing stage. The en banc Court granted our motion for divided argument and expressly relied on our brief in its opinion. Daniel Geyser briefed and argued the matter before the en banc Court.

Read our case study:
NACBA: Fighting Illegal Debt Collection Practices