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.
To deny an individual’s discharge under Section 727(a)(5) for failure “to explain satisfactorily” a loss of assets, the First Circuit held that the missing assets need not be substantial.
Objecting to.....
Brooklyn Bankruptcy Judge Elizabeth S. Stong nixed sophistic arguments that would have gutted Sections 109(g) and 362(b)(21) by allowing the automatic stay to halt foreclosure against a debtor whose.....
A chapter 7 debtor kept a chose in action that arose from the dead after filing, for reasons explained by Bankruptcy Judge Alan S. Trust of Central Islip, N.Y.
The debtor filed a chapter 7 petition in.....
In Tyler v. Hennepin County, 598 U.S. 631 (2023), the Supreme Court held that a real estate tax foreclosure can violate the Takings Clause of the Fifth Amendment when a municipality takes title but.....
Following Second Circuit precedent holding that denial of a debtor’s motion to dismiss a chapter 7 case is not a final, appealable order, a district judge on Long Island, N.Y., decided that an order.....
Applying analogies to tort law, the Seventh Circuit held that comparative fault requires a reduction of a debtor’s recovery of compensatory damages for a violation of the discharge injunction.
For the.....
Affirming the bankruptcy court, a district judge in Brooklyn identified a loophole allowing chapter 13 debtors in some states to assert a homestead exemption without having the exemption prevent the.....
Courts are split over the interpretation of Section 362(c)(3). If a previous bankruptcy by an individual was dismissed within one year, does the automatic stay terminate automatically 30 days after.....
Bankruptcy Judge Donald R. Cassling of Chicago overruled a confirmation objection that would have driven lawyers away from the chapter 13 practice if sustained. He rejected an unsecured creditor’s.....
While most courts more recently are allowing the debtor to dismiss a chapter 13 case even when creditors prefer conversion to chapter 7, a decision by Bankruptcy Judge Michael A. Fagone of Bangor.....