Selected Consumer Opinions Since January 1, 2022 Automatic Stay Denial of stay relief was final and appealable, although it was “without prejudice.”Deciding an issue not addressed in Ritzen Grp., Inc. v. Jackson Masonry, LLC, 140 S.Ct. 582 (2020), the Ninth Circuit concluded that the bankruptcy court’s order denying stay relief was final and appealable, despite its “without prejudice” language, because...
From the Editor – Rule 3002.1
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By The Honorable William Houston Brown (Retired)
Mortgage creditor entitled to postpetition fees and costs but amount reduced. The Chapter 13 debtor was bound by state court’s determination that creditor was entitled to enforce the mortgage that had been transferred, and the contract provided for reasonable attorney fees. The requested fee of $72,671 was reduced to $62,475 to reflect that the creditor’s unsuccessful pursuit of a title insurance claim was not a reasonable expense for the debtor to pay. In re Marks, 548 B.R. 703 (Bankr. D. S.C . . .
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