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 Taggart, the Supreme Court raised the bar on holding a creditor in contempt for violating the automatic stay. Some might say that the high court defanged the discharge. See Taggart v. Lorenzen, 139.....
Here’s a cautionary tale from the liquidation of the Bernard Madoff Ponzi scheme: For having lost a discovery motion, Bankruptcy Judge Stuart M. Bernstein of Manhattan directed the lawyer to pay the.....
In a per curiam opinion on February 24, the Supreme Court effectively banned nunc pro tunc orders, which bankruptcy courts often use to make retention orders effective when the application or petition.....
Ordinarily, there is a clear winner and a clear loser when a circuit court decides an appeal. In a dischargeability case involving allegedly false representations and pretenses, the First Circuit.....
A bankruptcy court order awarding damages for willful violation of the automatic stay is a final order that must be appealed immediately, even if the court hasn’t yet ruled on how much the debtor is.....
A lawyer who allegedly helped judgment debtors hide their assets in his trust account got off scot-free under New York fraudulent transfer law combined with ethical rules governing a lawyer’s conduct.....
The Bankruptcy Appellate Panel for the First Circuit used a case involving the split of authority over Section 1322(c)(1) to opine on the binding effect of a BAP opinion on a later BAP panel in the.....
Although holding a hearing on a contempt motion in state court may not violate the automatic stay, the remedy imposed by the state court may nonetheless violate the stay, according to Bankruptcy Judge.....
A 3/2 decision by the Rhode Island Supreme Court shows that an inherited individual retirement account, or IRA, can be exempt in bankruptcy under state law even though it would not be exempt under.....
On two issues where the intermediate state appellate courts in New York are divided, Bankruptcy Judge Robert E. Grossman of Central Islip, N.Y., ruled that the statute of limitations barred the holder.....