October 15, 2015

Daniel L. Geyser Wins Key Bankruptcy Case Before En Banc Ninth Circuit

The National Association of Consumer Bankruptcy Attorneys’ decision to retain Daniel Geyser to handle a key case before the en banc Ninth Circuit has paid off. In America’s Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard), 803 F.3d 1095 (2015), the issue was whether debtors could recover their attorney’s fees for prosecuting actions to redress violations of the automatic stay. Sitting en banc, the Ninth Circuit held, by a 10-1 vote, that Congress authorized that critical relief. In doing so, it overruled an earlier Ninth Circuit decision and eliminated a square conflict with the Fifth Circuit. The majority opinion adopted arguments advanced by Mr. Geyser in briefing and oral argument.

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

Related press coverage:
NACBA Weighs in on Sternberg Issue (National Consumer Bankruptcy Rights Center, January 27, 2015)
Ninth Circuit Overturns Sternberg (National Consumer Bankruptcy Rights Center, October 15, 2015)