July 31, 2020
In a SARE case, the BAP says that the bankruptcy court cannot deny a lift-stay motion without finding that confirmation is reasonably possible in a reasonable time.
June 4, 2020
A claim must be disallowed based on the invalidity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit ruled in upholding the BAP.
April 28, 2020
Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.
February 6, 2020
Judge Rodriguez holds servicer and lender liable under Rule 3002.1 and the FDCPA for making a claim for unpaid real estate taxes that had been paid.
January 15, 2020
A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”
December 30, 2019
Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.
December 9, 2019
New York intermediate appellate courts are split on critical questions about the ‘start date’ for the statute of limitations on mortgage foreclosure.
December 6, 2019
Despite atrocious mortgage servicing, the circuit court cut a jury’s $3 million award of punitive damages to $582,000.
November 27, 2019
Chapter 13 forces judges to micromanage the lives of debtors.
November 7, 2019
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.