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.
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.....
The lien on an impounded car in Chicago is a judicial lien that a debtor may avoid as an impairment of an exemption under Section 522(f), according to the Seventh Circuit.
In ruling on April 21 that.....
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 That’s the teaching of a March 25, nonprecedential opinion from the.....
A law firm has no right to a jury trial and cannot withdraw the reference when the U.S. Trustee goes after sanctions and an injunction for violating Section 526, according to District Judge J. Phil.....
If an unmarried couple splits up, the partner with assets could file bankruptcy to discharge what would have been a nondischargeable obligation had they been married, as demonstrated by the Seventh.....
Having decided that “Chapter 13 has morphed into the pursuit of loss mitigation as its sole purpose in which debtors file cases they never intend to bring to confirmation,” Bankruptcy Judge Robert E.....
Chapter 13 can sometimes protect recipients of preferences, as shown in an opinion by Bankruptcy Judge William A. Altenberger of Peoria, Ill.
The debtor had made $8,000 in payments to family members.....