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.
In March 2018, the Second Circuit held that a debtor is not required to arbitrate a contempt action alleging that a creditor violated the discharge injunction. Credit One Bank NA v. Anderson (In re.....
The Sixth Circuit became the first appeals court to rule on whether a chapter 13 debtor may deduct contributions to a 401(k) plan from “disposable income” and thereby reduce payments to unsecured.....
When the sweeping language of a landmark Supreme Court opinion conflicted with the statute, Chief Bankruptcy Judge Phillip J. Shefferly of Detroit followed the statute.
In Harris v. Viegelahn, 575 U.S.....
The so-called snapshot rule, calling for valuation of a chapter 7 debtor’s property as of the filing date, doesn’t apply when the debtor moves to compel the trustee to abandon under Section 554(b).....
In Acevedo, the Supreme Court ruled in February that a nunc pro tunc order can only memorialize an action that the court actually took at a previous time but was not officially recorded. In other.....
Here’s a cautionary tale from the liquidation of the Bernard Madoff Ponzi scheme: For having lost a discovery motion, Bankruptcy Judge Stuart M. Bernstein of Manhattan directed the lawyer to pay the.....
In a per curiam opinion on February 24, the Supreme Court effectively banned nunc pro tunc orders, which bankruptcy courts often use to make retention orders effective when the application or petition.....
The Second Circuit wouldn’t allow a fraudster to use her own fraud to avoid a judicial lien on her home.
Rather than rely on the notion of unclean hands, the appeals court based its conclusion on the.....
In August, Congress adopted the so-called HAVEN Act, which allows military veterans to exclude disability benefits from the calculation of “current monthly income.” In practical terms, the new law.....
On an issue where the lower courts are split, the Sixth Circuit Bankruptcy Appellate Panel held that a pre-petition personal guaranty is a contingent debt that is discharged, even as to post-petition.....