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.
The Sixth Circuit has effectively immunized the U.S. Trustee from paying a debtor’s attorneys’ fees under the Equal Access to Justice Act (EAJA) when the U.S. Trustee is the loser in a contested.....
The Ninth Circuit Bankruptcy Appellate Panel laid down rules about the sufficiency of pleadings and the burden of proof in small chapter 7 cases when the trustee seeks compensation for himself as his.....
Being a beneficiary of a decedent’s estate didn’t entitle the chapter 13 debtor to cure defaults on the mortgage on his deceased parents’ home. Nor did the debtor’s equitable interest in the property.....
Although a superficial reading of Official Form 122C-2 might suggest otherwise, Bankruptcy Judge Robert H. Jacobvitz of Albuquerque, N.M., ruled that an above median income chapter 13 debtor who has.....
Filing a divorce action creates a vested but inchoate property interest in Colorado that could increase the value of the bankruptcy estate of a divorcing spouse. Dismissal of the divorce proceeding.....
Addressing a question that the Seventh Circuit hasn’t decided, Bankruptcy Judge David D. Cleary of Chicago “respectfully” disagreed with the Sixth Circuit and sided with the majority by holding that a.....
Courts don’t agree on who gets appreciation when a home is sold during a chapter 13 case or if the case converts to chapter 7. Does post-petition appreciation stay with the debtor, or does it go to.....
Loans taken down to refinance existing, higher-interest loans were not consumer debts in the absence of evidence to the contrary, the Ninth Circuit said.
The decision is nonprecedential. Were it.....
An individual debtor’s refusal to sign a document allowing a lender to recover on a guarantee from the Small Business Administration did not give rise to a nondischargeable debt for willful and.....
Reversing the Bankruptcy Appellate Panel, the Ninth Circuit evidently held that a claim will be allowed if the creditor supplies all of the information required by Bankruptcy Rule 3001(c), even when.....