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.
For an individual debtor who misbehaves badly, the bankruptcy court may both deny discharge and dismiss immediately thereafter, according to the First Circuit. Consequently, the sanction of denial of.....
A bankruptcy court has subject matter jurisdiction or power to entertain a nationwide class action alleging contempt of the discharge injunction, according to Bankruptcy Judge Elizabeth S. Stong of.....
Quoting the late Burton R. Lifland, whom he called a “renowned, former bankruptcy judge,” Bankruptcy Judge Alan S. Trust of Central Islip, N.Y., ruled that a secured creditor is not entitled to.....
District Judge Joan M. Azrack of Central Islip, N.Y., laid down the rules for lodging a pre-filing injunction against a vexatious litigant.
The chapter 7 debtor had not paid a mortgage since 2014. The.....
Taking sides on an issue where the courts are divided, Bankruptcy Judge Robert E. Grossman of Central Islip, N.Y., decided that a chapter 13 trustee is entitled to retain his or her statutory fee even.....
The courts are split on allowing a trustee to sell a home with no equity over an objection by the chapter 7 debtor. Without resolving the ultimate question, Bankruptcy Judge Robert E. Grossman of.....
On an issue where the circuits are divided, the First Circuit upheld the two lower courts by ruling that a homestead exemption, valid on the chapter 13 filing date, is not lost if the debtor sells the.....
While attempting to salvage a failing business, a company’s owner didn’t commit a nondischargeable “defalcation” by failing to make employer’s contributions to a union welfare fund, according to.....
Believing that Supreme Court authority on preferences didn’t govern, the First Circuit Bankruptcy Appellate Panel ruled that funds allegedly withdrawn from a retirement account before the filing date.....
In Acevedo, the Supreme Court ruled in February that a nunc pro tunc order can only memorialize an action that the court actually took at a previous time but was not officially recorded. In other.....