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.
Although the lower courts are split, the Fourth Circuit became the first court of appeals to rule that the Bankruptcy Code does not preempt claims under state law for violation of the discharge.....
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.....
Bankruptcy Judge Klinette H. Kindred of Alexandria, Va., embraced the concurring opinion in this term’s Bartenwerfer opinion from the Supreme Court by holding that a poor schlub who was an unwitting.....
The chapter 13 debtors’ monthly mortgage payment was $1,100 more than the local standard mortgage deduction. Abjuring a split of circuits, the Fourth Circuit held that debtors with above-median income.....
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.....
For a year, there had been a breath of hope that so-called bifurcated fee arrangements would pass muster in South Carolina. Now, the breath of hope has become a last gasp.
Affirming the bankruptcy.....
When a chapter 13 debtor sells property, the debtor cannot be compelled to turn the proceeds over to the trustee, even if the proceeds would be required to confirm a plan, according to an opinion by.....
A contempt action brought against a debtor personally in a state matrimonial court to compel payment of a domestic support obligation violates the automatic stay despite Section 362(b)(2)(B). That.....
Congress desperately needs to amend the Bankruptcy Code and decide whether chapter 13 debtors are allowed to retain post-petition appreciation in the value of their homes.
Courts today are divided. In.....