Judge Refuses to Vacate Opinion Socking a Bank with $40 Million in ‘Punies’
California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.
BAP Upholds $119,000 in Contempt Sanctions; Tells Lender to Modify Its Forms
Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.
BAP Declines to Rule on Waiver Resulting from Election to ‘Surrender’
Mortgage lender fails to export the Eleventh Circuit’s Failla decision to the Ninth Circuit.
Boston Judge Allows Conversion to Chapter 13 Just to Prevent the Sale of a Home
Converting to chapter 13 to prevent the sale of a home in chapter 7 is not bad faith.
Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.
Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
Due Process Violations Can Be Waived by Inaction, Eleventh Circuit Says
Motion for reconsideration must be made promptly, or due process violation will evaporate.
Homestead Exemption Must Be Paid in Full Before a Sale Is Permitted, BAP Says
Splitting with the Sixth Circuit, the Tenth Circuit BAP does not require equity to claim a homestead exemption.