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.
How to Draft a Judgment to Be Nondischargeable in Bankruptcy
Ordinarily, a settlement agreement making a debt nondischargeable is not enforceable in bankruptcy. Indirectly, a district judge in San.....
Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years
On an issue where the lower courts disagree, District Judge George Caram Steeh of Detroit sided with two circuit courts by.....
Different Rules Govern When Claims Accrue By or Against an Estate
Recently, courts have been holding that the accrual of claims by and against an estate are not governed by the same rules. An appeal.....
Overpaying a D S O Doesn’t Result in a Nondischargeable Debt, Seventh Circuit Holds
The Seventh Circuit narrowly interpreted domestic support obligation in direct appeals from rulings by two.....
Hardship resulting from a self-inflicted disability (conviction for a felony) won’t justify discharging student loans, according to the Ninth Circuit Bankruptcy Appellate Panel.
A man incurred almost.....
Upholding the denial of an exemption covering an individual retirement account, or IRA, the Eleventh Circuit explained why an IRA that would be exempt under federal law might not be exempt under state.....
If contempt proceedings were enjoined by the automatic stay, the non-bankruptcy court cannot proceed even if the contempt sanctions were not to be imposed until after conclusion of the bankruptcy, the.....
A solo bankruptcy practitioner in Florida was suspended from practice for two years and referred to the state and federal grievance committees with a recommendation that she be disbarred, for filing.....
Seventh Circuit Solidifies a Circuit Split on the Automatic Stay
Solidifying a split of circuits, the Seventh Circuit ruled that the City of Chicago must comply with the automatic stay by returning.....
Failure to Petition the Circuit Court for a Direct Appeal Requires Dismissal
Although Bankruptcy Rule 8006 g is not jurisdictional, a circuit court must dismiss an appeal if the appellant did not file.....