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.....
A chapter 13 debtor’s right to dismissal under Section 1307(b) is not a get-out-of-jail-free card for a debtor to escape sanctions.
As Bankruptcy Judge Christopher M. Klein of Sacramento, Calif.....
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.....
Section 522(g) prevents a debtor from claiming an exemption in property that a trustee recovers if the transfer by the debtor was voluntary. In other words, a debtor cannot claim a homestead exemption.....
To avoid an inequitable result, the Ninth Circuit Bankruptcy Appellate Panel relied on fundamental principles about secured claims in chapter 7 to conclude that an order declaring a secured claim to.....
In a split decision, the Fourth Circuit upheld Bankruptcy Judge Paul M. Black, who had denied a motion to compel arbitration in a purported class action alleging violations of the automatic stay in.....
Unless all of a private student loan was used for “qualified higher education expenses,” none of the loan is nondischargeable under Section 523(a)(8)(B).
The Ninth Circuit Bankruptcy Appellate Panel.....
On an issue where the courts are split, Chief Bankruptcy Judge Carl L. Bucki of Buffalo, N.Y., decided that the Supremacy Clause precludes the court from honoring a property execution delivered to a.....
Section 305, not Section 707, is the vehicle for a chapter 7 debtor to dismiss her own case as a result of “debtor’s remorse,” for reasons explained by Chief Bankruptcy Judge Scott M. Grossman of Fort.....
A district judge in Arizona upheld an order by a bankruptcy judge directing an attorney to disgorge more than $1.6 million for nondisclosure of fee-sharing, among other violations of the Bankruptcy.....