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.
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Constrained by the logic of In re Bellingham Ins. Agency Incorporated, although not by its holding, Bankruptcy Judge.....
Ninth Circuit Lays Down Additional Pleading Requirements for F C R A Complaints
In a 2 to 1 opinion, the Ninth Circuit raised the bar for consumer bankrupts to establish standing justifying a lawsuit.....
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
Does the presumption of the validity and amount of the claim in Bankruptcy Rule 3001 f include the value ascribed.....
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
Later this year, the Ninth Circuit will decide whether the civil contempt power enables a bankruptcy judge to jail someone for more than.....
Stern Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U S C section 12 91
In a nonprecedential opinion, the Ninth Circuit identified one of the finer points of an appeals court’s.....
Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation
The Ninth Circuit became the first court of appeals to rule that a debtor is entitled to appellate counsel fees for.....
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.....
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Although a dog may be the Debtor’s priceless, faithful and loved companion, the dog is nonetheless property in the eyes of the.....
Appreciation in a Home Is Exempt in California, But Not in Washington, Circuit Says
Perceiving a pivotal difference between the California and Washington State exemptions, the majority on a Ninth.....
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.....