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.
On an issue where the lower courts are split, the Ninth Circuit Bankruptcy Appellate Panel took sides with the majority by holding that an asset is not automatically abandoned if it was disclosed only.....
The Supreme Court denied a petition for certiorari presenting a circuit split on Section 362(c)(3)(A) and the following question:
If a petition by an individual under chapters 7, 11 or 13 has been.....
The Ninth Circuit Bankruptcy Appellate Panel habitually writes lengthy opinions with copious analysis of the facts and the law, just in case the appeal goes to the Ninth Circuit and is not well argued.....
While attempting to salvage a failing business, a company’s owner didn’t commit a nondischargeable “defalcation” by failing to make employer’s contributions to a union welfare fund, according to.....
The Internal Revenue Service cannot be held liable for violating the discharge injunction unless the debtor has exhausted administrative remedies, according to Chief Bankruptcy Judge Cecelia Morris of.....
Reversing the Bankruptcy Appellate Panel, the Ninth Circuit ruled that the bankruptcy court must confirm a chapter 13 plan with an estimated duration, so long as no creditor objects and all other.....
An appeal taken last week to the district court in South Carolina could end up being the vehicle for the Fourth Circuit and then the Supreme Court to decide whether the bankruptcy court must enforce.....
In March 2018, the Second Circuit held that a debtor is not required to arbitrate a contempt action alleging that a creditor violated the discharge injunction. Credit One Bank NA v. Anderson (In re.....
Reversing the Bankruptcy Appellate Panel, the Ninth Circuit inveighed against an expansive reading of Kelly v. Robinson, 479 U.S. 36 (1986), where the Supreme Court arguably departed from the language.....
The Court of Appeals for the District of Columbia added gloss to the Supreme Court’s Spokeo decision from 2016, and in the process erected additional obstacles to lawsuits by consumers under the.....