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.
On a question where the circuits are split, another district judge in Rochester, N.Y., has held that an in rem tax foreclosure of real property can be set aside as a fraudulent transfer for lack of.....
After Fulton, a creditor’s refusal to lift the attachment of a bank account is no violation of the automatic stay under any subsection Section 362(a), according to Bankruptcy Judge Mark J. Conway of.....
Even if it may not prevail, a debtor’s objection to the claim of a dominant unsecured creditor can prevent that creditor from voting for the election of a hand-picked chapter 7 trustee, as shown in an.....
Taking sides with the dissenter and disagreeing with the Second Circuit’s majority opinion on August 2, Bankruptcy Judge Eduardo Rodriguez from the Southern District of Texas held that a debtor can.....
In the wake of Taggart, an appellate decision from North Carolina demonstrates how lawyers and courts must draft orders and plans with specificity, otherwise allegedly offending creditors can’t be.....
Over a vigorous dissent, the Second Circuit overruled the bankruptcy court and in the process made two landmark rulings: (1) The Taggart standard for the imposition of contempt applies to all.....
Trimming back the already narrow definition of standing laid down in Spokeo Inc. v. Robins, 578 U.S. 330 (2016), the Supreme Court held 5/4 on June 25 that “an injury in law is not an injury in fact.”.....
Law v. Siegel didn’t bar the bankruptcy court from employing equitable remedies in all circumstances, according to the Ninth Circuit.
The debtor was a lawyer who represented herself in the circuit. She.....
Someone who does not have legal residence in the U.S. will still qualify for a Florida homestead exemption if she has at least one family member in the home who “hopes” to gain legal residency and has.....
Even though burdened with nondischargeable claims, an individual chapter 7 debtor lacks standing as a “party in interest” to object to a proof of claim, even if it’s the largest claim against the.....