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 Supreme Court granted certiorari to resolve a circuit split on the standard to employ before invoking judicial estoppel when a chapter 13 debtor failed to disclose a personal injury claim.
The date.....
Reversing the bankruptcy court, a district judge in San Antonio explained why making estimated tax payments isn’t a fraudulent transfer to the Internal Revenue Service.
For 2020, a couple’s tax.....
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.....
At the end of the term, the Supreme Court decided a nonbankruptcy case that puts to rest several bankruptcy questions arising in the wake of Northern Pipeline, Granfinanciera and Stern v. Marshall.
In.....
In the world of bankruptcy, the validity of the doctrine of equitable mootness is an issue that the Supreme Court has been ducking. On March 19, the Court handed down a non-bankruptcy decision on.....
Because there is not yet a split of circuits, it’s not surprising that the Supreme Court yesterday denied two petitions for certiorari asking the justices to decide whether the fees of chapter 13.....
Student loans consolidated after filing cannot be discharged even on a showing of “undue hardship,” for reasons explained by Bankruptcy Judge Shad M. Robinson of Austin, Texas.
The debtor filed a.....
Putting a child through college — even at a rock-bottom tuition — can make someone ineligible for chapter 7 and simultaneously incapable of funding a chapter 13 plan, as demonstrated in an opinion by.....
The commission of a serious crime doesn’t necessarily give rise to a nondischargeable debt, as Bankruptcy Judge Robert L. Jones of Lubbock, Texas, explained in an opinion on July 7. The opinion shows.....