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.....
Section 1307(a) gives a chapter 13 debtor the right to dismiss when confronted with a motion for conversion to chapter 7.
The majority in a recent Sixth Circuit opinion held that the right to dismiss.....
For debtors in chapter 7, the sale of cryptocurrency is considered “income” in the calculation of current monthly income and in deciding whether there is a presumption of abuse, in the eyes of.....
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.....
With limited exceptions, traditional law says that chapter 7 debtors lack standing to object to proofs of claim. In a nonprecedential opinion, the Eleventh Circuit upheld dismissal of a debtor’s.....
The U.S. Supreme Court held in Ritzen that an order granting or denying relief from the automatic stay is a final, appealable order under 28 U.S.C. § 158(a)(1). Ritzen Group Inc. v. Jackson Masonry.....
Affirming the Bankruptcy Appellate Panel, the Ninth Circuit explained why the costs of an attorney’s disciplinary proceeding are not dischargeable in California. Paradoxically, similar costs from.....
Circuit Judge Thomas L. Ambro has written another gem.
For the Third Circuit in an opinion on September 3, Judge Ambro drew the boundaries between the rules of preclusion and the Rooker-Feldman doctrin.....
The Supreme Court’s Truck Insurance decision upset what we thought we knew about bankruptcy standing. It gives broadly defined parties in interest the right to appear and be heard in chapter 11 cases.....
Although the right of a trustee to sell an individual debtor’s defensive appellate rights was not before the court, the Eighth Circuit held that an appeal from an order approving the sale of offensive.....