Civil Contempt for Discharge Injunction Violations: A New Standard That Brings the 'Old Soil' with It

In its recent opinion in <i>Taggart v. Lorenzen,</i> the Supreme Court decided that “[a] court may hold a creditor in civil contempt for violating a discharge order if there is no fair ground of doubt as to whether the order barred the creditor's conduct.” Although this standard appears to be new, it is more than a century old and “brings the old soil” from civil contempt with it.

11 minute read August 01, 2019 at 12:03 AM
By
Stephanie Lieb and Dana Robbins
Civil Contempt for Discharge Injunction Violations: A New Standard That Brings the 'Old Soil' with It

The Bankruptcy Court has the inherent power to impose civil contempt as a sanction for a violation of the discharge injunction. 11 U.S.C. §105. Even though these inherent powers derive from civil contempt, courts have fashioned their own standards for violators of the discharge injunction.

This premium content is locked for The Bankruptcy Strategist subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN The Bankruptcy Strategist

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

Why advanced AI will change legal practice without making lawyers obsolete.The future value of lawyers will come less from generating first drafts and more from knowing how to choose, feed, test and deploy professional systems in a way that serves the client’s strategy.

June 30, 2026

Companies are no longer judging leaders on what they have already done. They are judging them on whether they can lead what is coming next. And what is coming next demands exactly the quality that defined the Oregon Trail generation: the ability to navigate genuine transformation, not just manage through disruption.

June 30, 2026

The legal industry is going through the same leadership reckoning playing out across the Fortune 1000. The pioneers are already on the far side of the river. The settlers are crossing. And the stragglers are still deciding whether to go. Which camp are you in? And more importantly, who are you learning from right now?

June 30, 2026