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 broad language in Harris v. Viegelahn, 575 U.S. 510 (2015), does not obviate a chapter 13 trustee’s obligation duty to pay administrative expenses when a chapter 13 case is converted to chapter 7.....
Next year, the Tenth Circuit will be deciding under Colorado law whether an entire child tax credit is exempt, or only a pro rata portion.
Chief Bankruptcy Judge Kimberly H. Tyson of Denver and Chief.....
Bankruptcy Judge Christopher J. Panos of Boston joined the majority of courts by holding that a Subchapter V plan may affect a mortgage even when the debtor was not a maker of the mortgage and is not.....
If a chapter 13 debtor unintentionally fails to disclose an asset, the debtor keeps the asset if it was discovered after discharge and the completion of plan payments, according to Bankruptcy Judge.....
On an issue of first impression, the First Circuit has held that a bankruptcy court need not retain jurisdiction to entertain an alleged debtor’s post-dismissal request for attorneys’ fees under.....
Parsing two decisions from the U.S. Supreme Court, the Tenth Circuit Bankruptcy Appellate Panel decided that nondischargeability for actual fraud under Section 523(a)(2)(A) demands justifiable.....
Bankruptcy Judge Joseph G. Rosania, Jr., of Denver told holders of judicial liens how to prevent loss of their liens if chapter 13 debtors avoid the liens as impairments on homestead exemptions, but.....
Is a chapter 7 trustee paid anything if the trustee discovers nonexempt property that would pay creditors in full but the case converts to chapter 13 before the trustee makes distributions?
In his May.....
Unlike overpayments of Medicaid, which are subject to recoupment, the discharge injunction (sometimes?) prevents the government from recovering overpayments of Social Security benefits from debtors.
Ch.....
A chapter 13 debtor’s absolute right to dismissal under Section 1307(b) evaporates once the case converts to chapter 7, for reasons explained by the Tenth Circuit Bankruptcy Appellate Panel in a March.....