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.
Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules
The bankruptcy stay did not extend the statute of limitations with regard to an administrative tax claim that the chapter 11.....
Defectively Executed Mortgages Are Still Avoidable in Ohio
The Ohio legislature didn’t go far enough to protect mortgage lenders from predation by bankruptcy trustees feasting on defectively executed.....
A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
On pain of contempt for violating the automatic stay, a creditor must attempt to stop a nonbankruptcy court from continuing civil.....
Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart
The Sixth Circuit refused to allow an ambiguously written state statute to provide insulation from liability for violating the automatic.....
Sixth Circuit Opinion Shows the Importance of the Upcoming Obduskey Decision
An opinion by the Sixth Circuit underscores the significance of the upcoming decision by the Supreme Court in Obduskey.....
Wildcard Exemption Covered a Prepetition Malpractice Claim
Section 522 g does not bar an individual debtor from claiming a wildcard exemption over a prepetition malpractice suit against the debtor’s.....
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.....
Denial of Motion to Dismiss Chapter 13 Is Not Appealable, Bankruptcy Appellate Panel Says
Combining the Supreme Court’s Bullard decision with an opinion handed down by the Sixth Circuit on October 16.....
Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties
Until the Supreme Court speaks, courts at all levels will remain hopelessly split on the ability of debtors in.....
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.....