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.
In managing a large, complex litigation with a $1.5 billion price tag, the bankruptcy court can hold off six years before serving the summons and complaint on 500 defendants without infringing their.....
In one opinion, the Tenth Circuit examined all three flavors of appellate mootness: constitutional mootness, equitable mootness and statutory mootness.