Appeal Ruling On Motion to Lift BKR Stay Within 14 days

See U.S. Supreme Court ruling in Ritzen Group, Inc. v. Jackson Masonry, L.L.C., 2020 WL 201023 (U.S. Jan. 14, 2020)

I think this latest ruling means that for homeowners who win that motion the foreclosure mill is stuck unless they successfully appeal within 14 days. It also means that if the ruling is to lift the stay the same 14 day rule applies. But more importantly it settles the question about whether the order on the motion to lift stay is a final appealable order.

Filing a bankruptcy triggers an automatic stay of most creditor actions against the debtor. While the creditor can seek relief from this stay, the Supreme Court just ruled that the bankruptcy court’s decision on this motion is a final, appealable order, meaning that if the creditor or debtor wishes to appeal that determination, it has the right to appeal that decision immediately but also must do so within fourteen days. See Bankruptcy Rule 8002(a). See also National Consumer Law Center, Consumer Bankruptcy Law and Practice § 14.8.4 (12th ed. 2020), updated at http://www.nclc.org/library.

https://library.nclc.org/sup-ct-bankruptcy-stay-relief-determination-final-appealable-order

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