Fishman Haygood’s Jason Burge Argues Before Fifth Circuit in Bankruptcy Discharge Injunction Case

On March 30, 2026, Partner Jason Burge argued before the U.S. Court of Appeals for the Fifth Circuit on behalf of the appellant in Scott Van Dyke v. Mary Alonso. He presented an important question to the court: how should the U.S. Supreme Court’s decision in Taggart v. Lorenzen, which established an objective standard for discharge injunction violations, be applied where a creditor relies on an exception to the automatic stay? Does any “fair ground of doubt” exist that the discharge order barred the creditor’s continued collection activity following the discharge?

The case arises from a dispute over the scope of the bankruptcy discharge injunction. After Scott Van Dyke received a discharge in December 2022, a creditor continued to pursue claims against him, including filing an amended complaint in February 2024 asserting a discharged claim. Van Dyke subsequently sought to hold the creditor in contempt for violating the discharge injunction.

Both the bankruptcy court and the district court declined to do so, concluding there was a “fair ground of doubt” as to whether the creditor’s conduct was prohibited because the creditor had previously obtained relief from the automatic stay during the bankruptcy proceedings.

The case is among the Fifth Circuit’s first opportunities to interpret and apply Taggart, with potential implications for creditors and debtors navigating post-discharge litigation. A decision from the Fifth Circuit is expected in the coming months. A recording of the oral argument is available here.

Jason is a Louisiana Board of Legal Specialization–certified Appellate Practice Specialist and regularly handles complex appellate matters in state and federal courts.

Learn more about Fishman Haygood’s Appellate Practice here.