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.
Invocation of Rooker-Feldman Requires Finality in the State Court Judgment
The Eleventh Circuit explained when the Rooker-Feldman doctrine does not apply despite a judgment in state court.
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Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
Building on Law versus Siegel, a district judge in Kansas upheld Bankruptcy Judge Robert E. Nugent and ruled that the.....
Denial of Motion to Dismiss Chapter 13 Is Not Appealable, Bankruptcy Appellate Panel Says
Combining the Supreme Court’s Bullard decision with an opinion handed down by the Sixth Circuit on October 16.....
Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
On a topic where there is scant appellate authority, the Fifth Circuit held that a trustee cannot assume and.....
Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline
On an issue where the circuits are split, Bankruptcy Judge Donald R. Cassling of Chicago ruled that a chapter 7 trustee has.....
Section 108c Tolls the Expiration of a Lien, Ninth Circuit Holds over a Dissent
Drawing on two of its own precedents, a divided panel of the Ninth Circuit held that the tolling provisions in Section.....
Supreme Court Update, Two Bankruptcy Cases in the Running for Cert
Two important bankruptcy cases, both entailing significant circuit splits, are in the running for review by the Supreme Court either.....
Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties
Until the Supreme Court speaks, courts at all levels will remain hopelessly split on the ability of debtors in.....
Bankruptcy Appellate Panel Holds that an IRA from a Marital Property Settlement Is Not Exempt
Retirement accounts that a debtor received in a marital property settlement are not exempt in bankruptcy.....
Tenth Circuit Opinion Can Be the Springboard for a Cert on the Automatic Stay
Predictably, the Tenth Circuit reaffirmed a deepening circuit split yesterday by holding that the automatic stay does not.....