Joining the Tenth Circuit, the Ninth Circuit also has held that chapter 13 trustees are not paid their fees when cases are dismissed before confirmation. The identical issue was argued on February 15 before the Second Circuit.
In short order, we’ll have either unanimity or a split of circuits. A split will give rise to an issue worthy of a grant of certiorari by the Supreme Court.
Notably, the Ninth Circuit’s opinion on June 12 adopted reasoning in an amicus brief filed in support of the debtor by the National Consumer Bankruptcy Rights Center and National Association of Consumer Bankruptcy Attorneys.
Following nonjudicial foreclosure, a lender’s failure to report a deficiency as having been “abolished” (or discharged) establishes “inaccuracy” and opens the door to the “furnisher’s” liability under.....
Deepening a split of circuits, the First Circuit held over a lengthy dissent that the Bankruptcy Code waived sovereign immunity as to tribes of Native Americans.
The majority’s May 6 opinion by Circuit.....
The Fourth Circuit has ruled emphatically that Taggart applies to all contempt citations in bankruptcy court.
However, the Richmond, Va.-based appeals court held that advice of counsel is not a.....
Everyone knows that chapter 7 debtors seldom have standing to object to a trustee’s initiatives in bankruptcy court because they can’t show that the outcome will affect the debtor. But how strong a.....
With regard to exemptions, a debtor can’t be punished for dramatically shifting legal theories in response to an unfavorable decision by the bankruptcy court. That’s the teaching of a March 25 opinion.....
Without actual notice, due process won’t allow a trustee to extend the two-year deadline for filing avoidance actions, even when the trustee hasn’t been able to identify the defendants.
In his February.....
Add the Sixth Circuit to the courts holding that real estate tax foreclosures can be attacked as fraudulent transfers despite BFP v. Resolution Trust, 511 U.S. 531 (1994), where the Supreme Court.....
In Fulton, the Supreme Court ruled that the City of Chicago did not violate the automatic stay under Section 362(a)(3) by refusing to return impounded cars immediately after the owners filed chapter.....
Concluding that the Supreme Court’s Fulton decision overruled prior Ninth Circuit authority, the Ninth Circuit Bankruptcy Appellate Panel held that a creditor no longer violates any provision of the.....
The Ninth Circuit Bankruptcy Appellate Panel held that committing a “technical” violation of the automatic stay does not absolve the creditor of liability for a willful stay violation under Section.....