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.
Unlike overpayments of Medicaid, which are subject to recoupment, the discharge injunction (sometimes?) prevents the government from recovering overpayments of Social Security benefits from debtors.
Ch.....
Even when the debtor has no personal liability on a mortgage secured by investment property, a chapter 13 plan may modify the mortgage, according to Bankruptcy Judge Kevin R. Huennekens of Richmond.....
Putting a child through college — even at a rock-bottom tuition — can make someone ineligible for chapter 7 and simultaneously incapable of funding a chapter 13 plan, as demonstrated in an opinion by.....
In fixing the value of a debtor’s interest in property held as tenants by the entireties when avoiding a judicial lien as an impairment of an exemption under Section 522(f), the First Circuit held.....
Bankruptcy Judge Klinette H. Kindred of Alexandria, Va., embraced the concurring opinion in this term’s Bartenwerfer opinion from the Supreme Court by holding that a poor schlub who was an unwitting.....
A contempt action brought against a debtor personally in a state matrimonial court to compel payment of a domestic support obligation violates the automatic stay despite Section 362(b)(2)(B). That.....
Congress desperately needs to amend the Bankruptcy Code and decide whether chapter 13 debtors are allowed to retain post-petition appreciation in the value of their homes.
Courts today are divided. In.....
The First Circuit wrote a 47-page dissertation on the invocation of judicial estoppel in bankruptcy cases. Basically, the principle requires more than a demonstration that the party had advanced legal.....
You’ve likely seen the ads on TV urging you to hire a law firm to file a claim for exposure to toxic water if you lived or worked at Camp Lejeune between 1953 and 1987.
And if you’ve already gone.....
The First Circuit Bankruptcy Appellate Panel insinuated that the Department of Education’s so-called borrower defense to the repayment of student loans cannot be raised under Section 523(a)(8) without.....