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.
If a chapter 13 debtor has two secured claims that are collateralized with personal property, and if the loans are cross-collateralized, a chapter 13 plan may not surrender the collateral for one loan.....
Almost one year ago, Bankruptcy Judge Mike N. Nakagawa of Las Vegas socked a mortgage servicer with some $300,000 in actual and punitive damages for “reprehensible” conduct by violating the automatic.....
On an issue where the courts are divided, the so-called mailbox presumption will not deem a proof of claim to have been timely filed when the clerk time-stamps the claim after the bar date, according.....
Attempting to collect a debt paid in full under a chapter 13 plan can violate the federal Fair Debt Collection Practices Act, or FDCPA, according to the Ninth Circuit.
Because the debtor was not.....
Attempting to collect a debt paid in full under a chapter 13 plan can violate the federal Fair Debt Collection Practices Act, or FDCPA, according to the Ninth Circuit.
Because the debtor was not.....
The Supreme Court heard oral argument this morning in City of Chicago v. Fulton, 19-357 (Sup. Ct.), to resolve a circuit split and decide whether the automatic stay requires a creditor to turn over.....
If a chapter 7 case is converted to chapter 13 after the debtor receives a discharge, creditors with discharged claims are entitled to the allowance of their claims in chapter 13, according to.....
By anticipating amendments to Bankruptcy Rule 3007, the bankruptcy and district courts committed error by ruling that an objection to a claim by the Internal Revenue Service must have been served on.....
On an issue where the lower courts are split, the Ninth Circuit Bankruptcy Appellate Panel took sides with the majority by holding that an asset is not automatically abandoned if it was disclosed only.....
Reversing the Bankruptcy Appellate Panel, the Ninth Circuit inveighed against an expansive reading of Kelly v. Robinson, 479 U.S. 36 (1986), where the Supreme Court arguably departed from the language.....