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.
On an issue where courts are split, Chief Bankruptcy Judge Joseph M. Meier of Boise, Idaho, followed the Tenth Circuit Bankruptcy Appellate Panel by holding that post-petition appreciation in the.....
Failing to amend a prepetition complaint to assert only post-petition claims resulted in a violation of the discharge injunction, even though the plaintiff in state court argued that it only intended.....
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.....
A debtor may exempt her interest in a nonprimary residence under Section 522(d)(1), according to the Second Circuit. Furthermore, the federal exemption can be valid even if the debtor does not reside.....
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.....
A payment to a debtor received within 180 days of bankruptcy as a death beneficiary under an individual retirement account is not estate property that the debtor must turn over to the trustee.....
The bankruptcy court does not have constitutional power to enter final judgment in a preference suit against a defendant who did not file a claim or consent to final adjudication in bankruptcy court.....
Attempting to collect a debt paid in full under a chapter 13 plan can violate the federal Fair Debt Collection Practices Act, or FDCPA, according to the Ninth Circuit.
Because the debtor was not.....
Attempting to collect a debt paid in full under a chapter 13 plan can violate the federal Fair Debt Collection Practices Act, or FDCPA, according to the Ninth Circuit.
Because the debtor was not.....