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.
When there is an objection to confirmation, Section 1325(b)(1) requires the debtor to pay creditors in full or devote all “projected disposable income” to the payment of claims.
On a question where.....
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.....
After discharge, a creditor may not revivify a judicial lien that was avoided as an impairment of an exemption under Section 522(f), for reasons explained by Circuit Judge Frank H. Easterbrook.....
Bankruptcy is no get-out-of-jail-free card for someone who has disobeyed matrimonial court orders, as shown in an opinion by Bankruptcy Judge David D. Cleary of Chicago.
The January 19 decision by.....
Being a beneficiary of a decedent’s estate didn’t entitle the chapter 13 debtor to cure defaults on the mortgage on his deceased parents’ home. Nor did the debtor’s equitable interest in the property.....
Addressing a question that the Seventh Circuit hasn’t decided, Bankruptcy Judge David D. Cleary of Chicago “respectfully” disagreed with the Sixth Circuit and sided with the majority by holding that a.....
An option to purchase real property is not an executory contract that a chapter 11 debtor can reject, according to Bankruptcy Judge Robyn L. Moberly of Indianapolis.
Prof. Jay L. Westbrook of the.....
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.....