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 assignment of a claim confers the right to assert the nondischargeability of the claim, according to Bankruptcy Judge Robert E. Grossman of Central Islip, N.Y., who adopted the position of the.....
If a debtor has no “ascertainable” residence, the Internal Revenue Service cannot obtain a valid and enforceable tax lien on a debtor’s personal property, according to Bankruptcy Judge M. Ruthie Hagan.....
On an issue where the lower courts are split, a district judge on Long Island, N.Y., reversed the bankruptcy court by holding that a debtor is entitled to a homestead exemption in sale proceeds when.....
The Second Circuit joined three other courts of appeals in holding that real estate tax foreclosures can be attacked as fraudulent transfers despite BFP v. Resolution Trust, 511 U.S. 531 (1994), where.....
Taking the middle ground between the majority and minority on a split, Chief Bankruptcy Judge Diane Davis decided that an exempt asset is not included in the calculation of “projected disposable.....
In one of his last decisions before retirement this week, Bankruptcy Judge Robert D. Drain of New York declined to follow dicta from recent court of appeals decisions in his circuit and ruled that the.....
Reversing the lower courts, the Second Circuit held that a debtor is entitled to recover attorneys’ fees for successfully prosecuting appeals from the bankruptcy court’s order holding a creditor in.....
Being the “initial recipient” of a fraudulent transfer by itself isn’t enough to be liable as an “initial transferee,” for reasons explained by the Second Circuit in an opinion on May 5.
A foreign.....
Everyone knows that chapter 7 debtors seldom have standing to object to a trustee’s initiatives in bankruptcy court because they can’t show that the outcome will affect the debtor. But how strong a.....
The requirement of “finality” can sometimes mean that you can’t appeal a finding that you were in contempt of the automatic stay. That’s the teaching of a March 25, nonprecedential opinion from the.....