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 September, the Ninth Circuit held that the Equal Access to Justice Act does not allow debtors to recover attorneys’ fees for reversing the bankruptcy court’s sua sponte denial of confirmation of a.....
In an involuntary petition, creditors who received voidable transfers may not be counted in deciding whether the alleged debtor has 12 or more creditors. On an issue where lower courts are split.....
When ruling on a motion to file a late appeal under Bankruptcy Rule 8002(d)(1)(B), the bankruptcy court must focus on the reason why the appellant missed the original deadline, not how long it took.....
Eventually, the Supreme Court will decide whether debtors can be compelled to arbitrate core and non-core disputes with creditors. For now, at least, courts in the Ninth Circuit are giving short.....
District Judge Joan M. Azrack of Central Islip, N.Y., laid down the rules for lodging a pre-filing injunction against a vexatious litigant.
The chapter 7 debtor had not paid a mortgage since 2014. The.....
Bankruptcy Judge Roberta A. Colton of Tampa, Fla., socked a law firm with $10,500 in sanctions for violating the discharge injunction.
The lesson to be learned: When confronted with a discharge.....
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.....
A chapter 13 debtor is stuck with the homestead declaration made on filing, even if the case is later converted to chapter 7, according to District Judge Robert N. Scola, Jr. of Miami, who upheld.....
Even when the facts tug on the heartstrings, the law is the law. Representing that a business is profitable and lucrative is a representation about “financial condition” that must be in writing to.....
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.....