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.
Disagreeing with Bankruptcy Judge Marvin Isgur of Houston and siding with the Internal Revenue Service, Chief Bankruptcy Judge Gregory L. Taddonio of Pittsburgh ruled that the bankruptcy court has no.....
The Seventh Circuit wrote an opinion to explain why the “clear and convincing” standard of proof for a turnover action that prevailed under the former Bankruptcy Act was replaced by a “preponderance.....
The chapter 7 discharge of someone’s personal liability on a mortgage does not start the clock ticking on the statute of limitations governing the time within which a lender must commence foreclosure.....
To resolve a split of circuits, the Supreme Court heard oral argument in Tyler v. Hennepin County to decide whether a real estate tax foreclosure violates the Takings Clause of the Fifth Amendment.....
What happens in chapter 13 if a secured creditor doesn’t file a claim, and the debtor doesn’t file a claim for the creditor? There are two schools of thought.
Here’s the situation. The debtor owns a.....
To resolve a split of circuits and decide whether Section 106(a) waives sovereign immunity as to Native American tribes, the Supreme Court heard oral argument on April 24 in Lac du Flambeau Band of.....
The Supreme Court’s decision in Clark v. Rameker, 573 U.S. 122 (2014), does not mean that all inherited IRAs are not exempt. As explained by Chief Bankruptcy Judge Thad J. Collins of Cedar Rapids.....
Even though the mortgage servicer’s monthly statements after filing said they were for informational purposes only, the Ninth Circuit Bankruptcy Appellate Panel held that the servicer nonetheless.....
A decision by Bankruptcy Judge Jason A. Burgess of Jacksonville, Fla., could be read to mean that a creditor who has been notified about a debtor’s bankruptcy violates the automatic stay if the.....
Courts are split three ways on whether chapter 13 debtors can make contributions to 401(k) plans. Some courts permit none whatsoever, while others permit contributions no larger than what the debtor.....