Eleventh Circuit Joins Ninth in Allowing Appellate Counsel Fees for a Stay Violation
Circuit court broadly interprets fee shifting in Section 362(k) for a willful stay violation.
Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell
Estate property must be formally abandoned before the power of sale reverts to the debtor.
Even ‘False’ Debts Are Discharged
Student loan lender’s argument was ‘preposterous,’ judge says.
Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic
Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.
Debtor Can’t Reaffirm an Auto Loan by Waiving Discharge of the Debt
Chief Judge Gorman requires strict adherence to Section 524(c) in reaffirming a debt.
Interlocutory Orders Compelling Arbitration May Be Appealed with Permission
Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.