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.
Anyone who gambles incessantly risks bankruptcy and the denial of discharge without adequate documentation of gambling losses.
Bankruptcy Judge Timothy A. Barnes of Chicago wrote an opinion listing.....
A district judge in Chicago lamented how the Supreme Court and the Seventh Circuit have curtailed the ability of federal courts to enforce some consumer protection laws.
A discharged bankrupt filed a.....
The First Circuit expanded the boundaries of constitutional mootness in a chapter 13 case, and perhaps also in chapter 11.
Even if the bankruptcy court had incorrectly directed the chapter 13 trustee.....
A decision by the district court in restructuring Puerto Rico’s debt demonstrates the gyrations a court must sometimes undertake to conclude that a contract is capable of assumption under the.....
Bankruptcy Judge Elizabeth D. Katz gave some relief to an individual not entitled to discharge student loans.
Under Section 105(a), Judge Katz of Springfield, Mass., discharged whatever would be left.....
For an individual debtor who misbehaves badly, the bankruptcy court may both deny discharge and dismiss immediately thereafter, according to the First Circuit. Consequently, the sanction of denial of.....
Bankruptcy Judge Timothy A. Barnes of Chicago displayed tools a judge can use to help a debtor who may have had a meritorious defense but could not afford to defend a dischargeability suit.
The.....
Auto owners in Chicago sustained a defeat when the Supreme Court held on January 14 that refusing to turn over an impounded car does not violate the automatic stay in Section 362(a)(3). Consequently.....
If a chapter 7 case is converted to chapter 13 after the debtor receives a discharge, creditors with discharged claims are entitled to the allowance of their claims in chapter 13, according to.....
On an issue where the circuits are divided, the First Circuit upheld the two lower courts by ruling that a homestead exemption, valid on the chapter 13 filing date, is not lost if the debtor sells the.....