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February 25-29, 2008

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BANKRUPTCY LAW CASES

• Baldwin v. Credit Based Asset Servicing & Securitization

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U.S. 8th Circuit Court of Appeals, February 25, 2008
Baldwin v. Credit Based Asset Servicing & Securitization, No. 07-1084
Denial of debtor's motion to rescind a bankruptcy court's dismissal of his Chapter 13 case is reversed and remanded where the bankruptcy court should have characterized a pro se motion by debtor as a Rule 60(b)(4) motion and therefore erred in denying it for untimeliness without any fact-finding regarding whether the notice provided him satisfied due process. Read more...

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