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.
The Bankruptcy Appellate Panel for the First Circuit used a case involving the split of authority over Section 1322(c)(1) to opine on the binding effect of a BAP opinion on a later BAP panel in the.....
On two issues where the intermediate state appellate courts in New York are divided, Bankruptcy Judge Robert E. Grossman of Central Islip, N.Y., ruled that the statute of limitations barred the holder.....
As a matter of constitutional law, the Seventh Circuit reduced punitive damages from $3 million to $582,000 when the jury had awarded the debtor $582,000 in compensatory damages as a consequence of.....
Although chapter 13 may not always accommodate the need to care for an indigent member of a debtor’s extended family, chapter 13 will permit a debtor to continue paying premiums on a whole life.....
On an issue where the courts are divided, Bankruptcy Judge Kevin R. Huennekens of Richmond, Va., ruled that a joint tenant may strip an underwater lien from property even though the co-owner is not in.....
By holding creditors to account for violating the discharge injunction, a decision from the Ninth Circuit Bankruptcy Appellate Panel demonstrates the significance of the Supreme Court’s Taggart decisi.....
The debate continues on the right of a chapter 13 debtor to a discharge after missing direct payments to a home mortgage lender.
Bankruptcy Judge Susan D. Barrett of Augusta, Georgia, joined the.....
On an issue where the courts are divided, Bankruptcy Judge Ann M. Nevins of New Haven, Conn., ruled that personal liability on a secured debt that was eliminated in a prior chapter 7 discharge is not.....
Ninth Circuit BAP Squarely Upholds Chapter 20: No Lien and No Claim Survive
At least when the debtor is eligible for a discharge in chapter 13, the Ninth Circuit Bankruptcy Appellate Panel squarely.....
At least when the debtor is eligible for a discharge in chapter 13, the Ninth Circuit Bankruptcy Appellate Panel squarely holds that a debtor may employ so-called chapter 20 to strip off an underwater.....