US Supreme Court’s decision in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, Doesn’t Preclude Annulling the Stay, Eleventh Circuit Says; there is a Circuit Split on this issue
On an issue where the lower courts are split, the Eleventh Circuit held that the Supreme Court’s decision in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 589 U.S. 57 (2020), does not prevent bankruptcy courts from annulling the automatic stay under Section 362(d)(1). In Acevedo, the Supreme Court strictly limited the ability of federal courts to enter orders nunc pro tunc.
In his July 8 opinion, Chief Circuit Judge William H. Pryor, Jr., adopted the position taken by the Ninth Circuit Bankruptcy Appellate Panel in a 2020 opinion by Bankruptcy Judge William J. Lafferty, III. In re Merriman, 616 B.R. 381 (B.A.P. 9th Cir. 2020).