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 the Fifth and Seventh Circuits, Thomas L. Ambro wrote an opinion for the Third Circuit holding that “a retirement plan governed by [the Employee Retirement Income Security Act] that is not.....
Aggressive bankruptcy planning won’t necessarily result in a denial of discharge, as shown by a Sixth Circuit opinion reversing the bankruptcy court and directing the entry of discharge.
The Sixth.....
Although his decision favored the debtor, an opinion by Bankruptcy Judge Brian C. Walsh of St. Louis shows how citizens with low incomes are poorly served by the Bankruptcy Code and meager state.....
The broad language in Harris v. Viegelahn, 575 U.S. 510 (2015), does not obviate a chapter 13 trustee’s obligation duty to pay administrative expenses when a chapter 13 case is converted to chapter 7.....
Equitable tolling can permit a trustee to maintain a fraudulent transfer action when statutes of limitations expired under both state and federal law, as explained in an October 16 opinion by.....
Next year, the Tenth Circuit will be deciding under Colorado law whether an entire child tax credit is exempt, or only a pro rata portion.
Chief Bankruptcy Judge Kimberly H. Tyson of Denver and Chief.....
On a question where the bankruptcy courts are divided, Bankruptcy Judge Maria Elena Chavez-Ruark of Greebelt, Md., decided that the calculation of the compensation of a chapter 7 trustee is based upon.....
On the very same day, the Fifth Circuit and Bankruptcy Judge Keith L. Phillips of Richmond, Va., wrote opinions describing the limited circumstances under which a chapter 7 debtor may object to the.....
The Third Circuit pronounced an expansive view of “related to” jurisdiction by allowing chapter 13 debtors to mount a lawsuit in bankruptcy court against a contractor for breach of a contract that.....
Over a dissent, the majority on a Ninth Circuit panel affirmed the Bankruptcy Appellate Panel by holding that a debtor retains an “absolute right” to dismiss a chapter 13 case under Section 1307(b).....