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.
When the sweeping language of a landmark Supreme Court opinion conflicted with the statute, Chief Bankruptcy Judge Phillip J. Shefferly of Detroit followed the statute.
In Harris v. Viegelahn, 575 U.S.....
In a per curiam opinion on February 24, the Supreme Court effectively banned nunc pro tunc orders, which bankruptcy courts often use to make retention orders effective when the application or petition.....
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
Later this year, the Ninth Circuit will decide whether the civil contempt power enables a bankruptcy judge to jail someone for more than.....