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 debt in an “asset” case is not discharged because the creditor didn’t receive notice of the bankruptcy, the Ninth Circuit tells us that the entire debt was not discharged, not just the portion.....
In the world of bankruptcy, the validity of the doctrine of equitable mootness is an issue that the Supreme Court has been ducking. On March 19, the Court handed down a non-bankruptcy decision on.....
The Eleventh Circuit twisted itself in knots to hold that neither Rooker-Feldman nor issue preclusion prevented the bankruptcy court from disregarding an erroneous state court decision saying that an.....
A chapter 13 debtor’s absolute right to dismissal under Section 1307(b) evaporates once the case converts to chapter 7, for reasons explained by the Tenth Circuit Bankruptcy Appellate Panel in a March.....
Alleging that a debtor was a net winner in a Ponzi scheme doesn’t state a claim for nondischargeability, even when the debtor has realized an “impossibly high” profit of $93,000 on an investment of $2.....
Siding with the Ninth Circuit and distinguishing a seemingly similar decision from the Tenth Circuit, the Eighth Circuit held that appreciation in the value of a home during a chapter 13 case belongs.....
The Supreme Court’s decisions in Bullard and Ritzen didn’t undercut the Third Circuit’s longstanding “pragmatic approach” to judging finality in bankruptcy cases, nor did they undermine In re Brown, 9.....
After discharge, a creditor may not revivify a judicial lien that was avoided as an impairment of an exemption under Section 522(f), for reasons explained by Circuit Judge Frank H. Easterbrook.....
When one defendant among many is in bankruptcy, an order dismissing the complaint as to all of the other defendants isn’t final and isn’t appealable.
However, a December 8 opinion from the Sixth.....
Believing that two bankruptcy judges and a district judge were wrong, the majority on the Arizona Supreme Court answered a certified question by holding that a self-propelled motor home (a/k/a an RV).....