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.
A gun is exempt as household goods depending on where the debtor lives (and the purpose the debtor assigns to keeping a firearm).
A couple in Connecticut claimed that a .22 caliber, lever-action rifle.....
The so-called Holder Rule is an important weapon that debtors can use when the originator of consumer paper has not lived up to its contractual obligations.
In a chapter 13 case before Bankruptcy.....
Generally, a default judgment is not grounds for invoking collateral estoppel because the underlying issue was not actually litigated, the Second Circuit said.
However, the Manhattan-based appeals.....
Second Circuit Defines a Prohibited Double Recovery on Fraudulent Transfers
Affirming Bankruptcy Judge Alan S Trust, the Second Circuit explained when a trustee is prohibited from making a double.....
If contempt proceedings were enjoined by the automatic stay, the non-bankruptcy court cannot proceed even if the contempt sanctions were not to be imposed until after conclusion of the bankruptcy, the.....
Religious Contributions Not Considered in Dischargeability of Student Loans
The court is not required to take religious contributions into consideration when deciding whether a debtor is entitled to.....
Disclosing an Asset in the Wrong Place Won’t Invoke Judicial Estoppel, Circuit Says
If a pro se chapter 7 debtor lists a lawsuit on his schedule of financial affairs, but fails to list the lawsuit.....
Freezing a Chapter 7 Debtor’s Bank Account Doesn’t Violate the Automatic Stay
Persuaded by a Ninth Circuit opinion, a district judge in New York held that a bank does not violate the automatic stay by.....
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
In the BAPCPA amendments in 2005, Congress may have intended to bar debtors from allowing mortgages to “ride through” bankruptcy.....
Connecticut Joins New York on Fraudulent Transfers for Children’s Tuition
Courts in Connecticut and New York are taking the same approach in deciding whether a parent’s payments of tuition for an.....