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.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
In the BAPCPA amendments in 2005, Congress may have intended to bar debtors from allowing mortgages to “ride through” bankruptcy.....
Fifth Circuit Hints that Debtors May Retain Property for Recreation and Entertainment
Although the Fifth Circuit was unwilling to make the opinion precedential, the appeals court is nonetheless.....
Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees
The Fifth Circuit joined three other circuits by endowing bankruptcy trustees and their attorneys with broad immunities.....
First Circuit Terminates the Stay Entirely as to Repeat Filers
On an issue long dividing the lower courts, the First Circuit became the first court of appeals to decide whether the automatic.....
Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
On a topic where there is scant appellate authority, the Fifth Circuit held that a trustee cannot assume and.....
Chapter 13 Can Cure a Home Mortgage Default Even After a Foreclosure Auction
Declining to follow the Bankruptcy Appellate Panel in his own circuit, Bankruptcy Judge Bruce A. Harwood of Concord, New.....