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.
Ordinarily, it’s a creditor who aims to preserve the right to a jury trial. On occasion, a debtor too may want a jury, but District Judge Holly A. Brady of Fort Wayne, Ind., approved a report and.....
Bankruptcy Judge Michael E. Romero of Denver slammed the door on clever arguments designed to prevent a homeowner from avoiding judicial liens that impair exemptions under Section 522(f).
Saddled with.....
Joining what she called the “vast majority of courts,” Bankruptcy Judge Rachel M. Blise of Milwaukee decided that an inheritance received more than 180 days after filing becomes part of the chapter 13.....
Under any of the three tests, allegations of domestic abuse are “personal injury tort claims” under Section 157(b)(5), according to the Eighth Circuit Bankruptcy Appellate Panel.
Of greater.....
When a bank had personal guarantees from both the husband and wife, the bank had only one claim in the couple’s joint chapter 7 case, for reasons explained by Bankruptcy Judge Rachel M. Blise of.....
If a chapter 13 debtor dies before confirmation, it stands to reason that the case should be dismissed because the debtor can’t file a plan, has no regular income and can’t be examined by creditors.
Th.....
Chapter 13 debtors often live hand to mouth for the duration of their plans. Any bump in the road can bust the plan.
In a recent case, Bankruptcy Judge Rebecca B. Connelly of Harrisonburg, Va.....
When fraud results in the loss of discharge, it doesn’t necessarily also limit the amount of a state homestead exemption under Section 522(q)(1)(B)(ii), as shown by an opinion from the Ninth Circuit.....
Debtors and trustees should read a Fifth Circuit opinion to understand how the sale of a debtor’s claims should be structured to prevent the sale from being champertous and void.
The debtor severely.....
The exception in the automatic stay for “domestic violence” applies to claims for sexual abuse arising decades earlier, not only to claims of imminent or ongoing sexual abuse, says Bankruptcy Judge.....