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.
As a more effective and targeted remedy for dismissal of a chapter 13 petition filed in bad faith, New York’s Bankruptcy Judge Philip Bentley dismissed, but with a proviso that the automatic stay in a.....
Last week, we reported on a decision where Bankruptcy Judge Mina Nami Khorrami of Columbus, Ohio, decided that a consensual judgment results in a judicial lien that can be avoided as an encumbrance on.....
The powers of a Subchapter V trustee cannot be expanded to authorize the trustee to pursue avoidance actions belonging to the trustee, according to an opinion by District Judge Cathy Seibel of White.....
The Second Circuit held that denial of an individual chapter 7 debtor’s motion to dismiss the petition is not a final order and is not subject to appeal.
True, in ordinary civil litigation, the denial.....
Bankruptcy Judge David S. Jones of New York explained when the automatic stay does or does not come into effect under Sections 362(b)(22) and 362(l), if the debtor was saddled with a judgment of.....
As a matter of public policy, Congress decided to subordinate unavoidable tax liens to the payment of domestic support obligations. Bankruptcy Judge Louis A. Scarcella of Central Islip, N.Y., rebuffed.....
The bankruptcy court has discretion to avoid a constructively fraudulent transfer of exempt property even if the result makes the debtor solvent and able to pay her creditors in full, the Second.....
Holding that a bankruptcy court may not enforce a discharge order entered in another district, the Second Circuit nixed the idea of a nationwide class action alleging contempt of the discharge.....
Answering a certified question, the Connecticut Supreme Court ruled that the state’s enlarged homestead exemption applies to creditors whose unsecured claims arose before the exemption was increased.....
There is a body of caselaw where trustees have sued, with more or less success, to recover tuition paid by parents for emancipated children. But when the trustee for a father recently alleged that an.....