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.....
Employing strategies for several years to avoid paying income taxes can make the debts nondischargeable under Section 523(a)(1)(C), even for taxes due more than three years before bankruptcy.
Bankruptc.....
Affirming the bankruptcy court, a district judge in New York held that a monetary sanction for violation of the automatic stay may be collected by use of a contempt motion rather than through use of a.....
A judgment not yet entered nonetheless may be declared nondischargeable as a “willful and malicious injury” under Section 523(a)(6).
In his January 8 opinion, New York’s Bankruptcy Judge Martin Glenn.....
Docketing a judgment by itself doesn’t result in a lien on personal property, for reasons explained by Bankruptcy Judge John P. Mastando, III in a case involving New York law.
The debtor was an.....
In a nontraditional household, what should a debtor report for income, expenses, and household size? In a nontraditional household, should a nondebtor’s income be scheduled as part of the debtor’s.....
New York Bankruptcy Judge Martin Glenn required a debtor’s chapter 11 counsel to disgorge a $30,000 post-petition retainer that wasn’t disclosed until a year after it was received, and only then.....
Counsel in California, beware: The state’s reciprocal fee-shifting statute means that the losing side — whether it be the debtor, the trustee or the creditor — pays the adversary’s attorneys’ fees if.....
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.....
As a more effective and targeted remedy for dismissal of a chapter 13 petition filed in bad faith, New York’s Bankruptcy Judge Philip Bentley dismissed, but with a proviso that the automatic stay in a.....