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.
Under the Equal Access to Justice Act, or EAJA, someone who prevails over the federal government in litigation is entitled to the recovery of attorneys’ fees and expenses.
However, the Ninth Circuit.....
In a victory for people burdened with student loans, the Tenth Circuit joined the Fifth Circuit by holding that a loan to finance education is dischargeable unless it was either a “qualified education.....
If a chapter 7 case is converted to chapter 13 after the debtor receives a discharge, creditors with discharged claims are entitled to the allowance of their claims in chapter 13, according to.....
For debtors with incomes below the median, the Fifth Circuit invalidated a local rule requiring all chapter 13 debtors to turn over income tax refunds in excess of $2,000 for distribution to creditors.....
The Third Circuit granted panel rehearing and vacated an opinion issued on June 11. Although nonprecedential, the June opinion could have been understood to mean that a debtor must show malice or.....
Taking sides with the majority on a circuit split, the Eleventh Circuit upheld the bankruptcy court by ruling that an unanticipated change in circumstances is not required to justify the modification.....
Given the same simple facts and the same controlling precedent, a majority on a Tenth Circuit panel disagreed with the circuit’s Bankruptcy Appellate Panel about a recurring preference question: Does.....
The Eleventh Circuit upheld $150,000 in sanctions imposed under Section 526(c)(5) on a self-described nationwide law for violating a settlement agreement with the bankruptcy administrator in the.....
Someone who depends on charity from her parents to pay rent and medical expenses is entitled to discharge her student loans, according to Bankruptcy Judge Russ Kendig of Canton, Ohio.
In other words.....
On a question where the courts are split, a district judge in Detroit upheld Bankruptcy Judge Thomas J. Tucker by ruling that Social Security benefits can be considered in deciding whether a chapter 7.....