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.
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.....
Fifth Circuit Stretches Equitable Notions to Bend Plain Language
A nonprecedential opinion from the Fifth Circuit raises the perennial question: When, if ever, may the court ignore the plain language.....
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.....
Creating a split of circuits, the Fifth Circuit held that Section 362(c)(3)(A) only terminates the automatic stay as to the debtor and property of the debtor, but not as to property of the estate.
Sec.....
The lower courts are divided on the issue, but the First Circuit is the first court of appeals to decide the question.
The debtor was a fraudster sentenced to 10 years in prison for perpetrating a.....
As a prudential matter and not for lack of jurisdiction, the Fifth Circuit held that the district where a bankruptcy case was pending is the only district that can enforce a discharge injunction. The.....
Recent decisions by the Supreme Court did not change the law and do not require bankruptcy courts to compel arbitration of core issues, the Fifth Circuit said in a per curiam opinion.
More.....
The so-called Holder Rule is an important weapon that debtors can use when the originator of consumer paper has not lived up to its contractual obligations.
In a chapter 13 case before Bankruptcy.....
Expanding First Circuit authority, bankruptcy and district judges in Maine essentially followed the Fifth Circuit in holding that a chapter 7 debtor can sell exempt property after filing and.....
Section 365(p) enables an individual debtor in chapter 7 to retain leased personal property, such as a car, if the trustee rejects the lease. Bankruptcy Judge Melvin S. Hoffman of Boston described the.....