A Prior BAP Opinion Is Virtually Binding on a Later BAP Panel
A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”
Mortgage Servicer Blew the Statute of Limitations, Judge Grossman Says
New York intermediate appellate courts are split on critical questions about the ‘start date’ for the statute of limitations on mortgage foreclosure.
Seventh Circuit Limits Punitive Damages to Total Compensatory Damages of $582,000
Despite atrocious mortgage servicing, the circuit court cut a jury’s $3 million award of punitive damages to $582,000.
Support for Indigent Extended Family Cut Off in Chapter 13, but Life Insurance Wasn’t
Chapter 13 forces judges to micromanage the lives of debtors.
One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
BAP Opinion Shows How Taggart Changes the Outcome of Contempt Motions
Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.
Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments
Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.