California Judge Explains Why Acevedo Doesn’t Bar Retroactive Orders
Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.
Supreme Court Hears Argument in Fulton: Is Inaction an Automatic Stay Violation?
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
Another Workaround Following the Prohibition of Nunc Pro Tunc Orders
The Supreme Court hasn’t prohibited paying counsel fees for services rendered before the entry of a retention order, Judge Preston says.
Creditor Socked with $41,000 in Sanctions for Filing Trumped-Up Criminal Charges
Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.
Lower Courts Now Disagree on Modifying the Stay Retroactively After Acevedo
Did the Supreme Court’s Acevedo opinion preclude annulling the stay? The Ninth Circuit BAP says ‘no.’
The Automatic Termination of the Automatic Stay: Not Ready for Prime Time
The Supreme Court declined to decide whether the automatic stay terminates automatically after a repeat filing as to all property or only property of the debtor.
D.C. Circuit Has Strict Rules for Constitutional Standing in FDCPA Suits
An FDCPA suit raises the question of whether Spokeo will be applied to bankruptcy cases.