Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit
Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.
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.
Claim of an Involuntary Petitioner Must Be Entirely Undisputed
BAPCPA amendments changed prior law on disputed claims and involuntary petitions, Nevada judge says.
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.
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.