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.
In the world of bankruptcy, the validity of the doctrine of equitable mootness is an issue that the Supreme Court has been ducking. On March 19, the Court handed down a non-bankruptcy decision on.....
In the term to begin this coming October, the Supreme Court will not be hearing cases raising two bankruptcy questions.
The Court will not decide (1) whether a refund is the proper remedy for a chapter.....
Supreme Court Rejects Strict Liability for Discharge Violations
Today, the Supreme Court rejected a strict liability standard for the imposition of contempt for violating the discharge injunction.....
Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation
The Supreme Court heard oral argument yesterday in Taggart versus Lorenzen to decide whether a good faith belief that a.....
Supreme Court Grants Cert to Decide Whether Good Faith Is a Defense to Contempt
On Friday afternoon, the Supreme Court granted certiorari in Taggart versus Lorenzen to decide whether good faith is a.....
Supreme Court Update, Two Bankruptcy Cases in the Running for Cert
Two important bankruptcy cases, both entailing significant circuit splits, are in the running for review by the Supreme Court either.....