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 First Circuit Bankruptcy Appellate Panel insinuated that the Department of Education’s so-called borrower defense to the repayment of student loans cannot be raised under Section 523(a)(8) without.....
Deepening a split of circuits, the First Circuit held over a lengthy dissent that the Bankruptcy Code waived sovereign immunity as to tribes of Native Americans.
The majority’s May 6 opinion by Circuit.....
Sanctions imposed on a creditor and its lawyers for violating the automatic stay and the discharge injunction may not be the end of the story. As demonstrated in a March 29 opinion by Bankruptcy Judge.....
Someone issuing a subpoena to a bankruptcy trustee in a criminal case or a lawsuit outside of bankruptcy court must first ask the bankruptcy court for permission to issue the subpoena in view of the B.....
Without actual notice, due process won’t allow a trustee to extend the two-year deadline for filing avoidance actions, even when the trustee hasn’t been able to identify the defendants.
In his February.....
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.....
If a creditor doesn’t cash a $230,000 distribution check on an allowed unsecured claim, is the chapter 7 debtor entitled to the funds 10 years later on the idea that the $230,000 represented a surplus.....
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.....
Chief Bankruptcy Judge Maureen A. Tighe of Woodland Hills, Calif., rejected the U.S. Trustee’s contention that Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 140 S. Ct. 696.....
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.....