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.
Believing that Supreme Court authority on preferences didn’t govern, the First Circuit Bankruptcy Appellate Panel ruled that funds allegedly withdrawn from a retirement account before the filing date.....
On an issue where the lower courts are divided, Bankruptcy Judge Joseph G. Rosania, Jr. of Denver decided that the net proceeds from liquidation of an exempt asset belong to creditors under a chapter.....
When the sweeping language of a landmark Supreme Court opinion conflicted with the statute, Chief Bankruptcy Judge Phillip J. Shefferly of Detroit followed the statute.
In Harris v. Viegelahn, 575 U.S.....
The Bankruptcy Code and the Internal Revenue Code seem in conflict about the ability of the IRS to offset a tax refund that the debtor claims to be exempt. Resolving a question of first impression.....
This summer, the Supreme Court will consider granting certiorari to resolve a circuit split under Section 362(c)(3)(A).
The question is this: If a petition by an individual under chapters 7, 11 or 13.....
The so-called snapshot rule, calling for valuation of a chapter 7 debtor’s property as of the filing date, doesn’t apply when the debtor moves to compel the trustee to abandon under Section 554(b).....
Even though the debtor had not listed a contract among her executory contracts, all of the claims associated with the contract were discharged because the debtor had scheduled the counterparty as a.....
In Acevedo, the Supreme Court ruled in February that a nunc pro tunc order can only memorialize an action that the court actually took at a previous time but was not officially recorded. In other.....
Even if the trustee blows the two-year statute of limitations for bringing an avoidance action to invalidate an unperfected lien, the trustee is not time-barred from objecting to the secured status of.....
Splitting with the First Circuit, the Ninth Circuit Bankruptcy Appellate Panel held in late December that a chapter 13 debtor may retain the post-petition increase in value of a nonexempt asset.
Last.....