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.
Direct Mortgage Payments Are Not Provided For in a Plan, Eleventh Circuit Holds
For the first time among the courts of appeals, two judges on an Eleventh Circuit panel held that direct payments by a.....
Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
The advice of counsel defense only applies in discharge litigation if the debtor receives advice before taking action.....
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Although a dog may be the Debtor’s priceless, faithful and loved companion, the dog is nonetheless property in the eyes of the.....
Unprotected Sex Results in a 250,000 dollar Nondischargeable Debt
Having unprotected sex when you know you have herpes can result in a nondischargeable debt of almost 250,000 dollars.
Two single.....
Tuition Payments by Insolvent Parents Likely Constitute Fraudulent Transfers
Bankruptcy trustees in some parts of the country are filing fraudulent transfer suits to recover tuition payments that.....
Appreciation in a Home Is Exempt in California, But Not in Washington, Circuit Says
Perceiving a pivotal difference between the California and Washington State exemptions, the majority on a Ninth.....
Courts Split on Arbitrating Dischargeability of Student Loans
Unless the circuit courts are unanimous, the Supreme Court ultimately will decide whether individual debtors can be forced to arbitrate.....
Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says
The Bankruptcy Code preempts state law allowing recovery of child support arrears by levying on money held by a.....
Bankruptcy Won’t Lift Suspension of a Driver’s License for Failure to Pay Traffic Fines
Filing a chapter 13 petition won’t force the state to renew a driver’s license that was suspended because the.....
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
A bankruptcy judge and a district judge in New Jersey both predict that the Third Circuit will follow the minority and hold.....