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.
Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules
Courts may not disregard the numerosity requirement for an involuntary petition based on special circumstances, even.....
Connecticut Joins New York on Fraudulent Transfers for Children’s Tuition
Courts in Connecticut and New York are taking the same approach in deciding whether a parent’s payments of tuition for an.....
The Emily Litella Principle Governs the Withdrawal of Proofs of Claim
The Emily Litella principle will not divest the bankruptcy court of equitable jurisdiction, according to an opinion by Bankruptcy.....
A Pending Sale Contract Doesn’t Obliterate a Homestead Exemption in Chapter 7
Signing a contract before bankruptcy to sell a home will not destroy a chapter 7 debtor’s homestead exemption, according.....
Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent
On an issue dividing the lower courts, Bankruptcy Judge Martin Glenn of New York squarely held that educational.....
First Circuit Terminates the Stay Entirely as to Repeat Filers
On an issue long dividing the lower courts, the First Circuit became the first court of appeals to decide whether the automatic.....
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.....
Chapter 13 Can Cure a Home Mortgage Default Even After a Foreclosure Auction
Declining to follow the Bankruptcy Appellate Panel in his own circuit, Bankruptcy Judge Bruce A. Harwood of Concord, New.....