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.
Although his decision favored the debtor, an opinion by Bankruptcy Judge Brian C. Walsh of St. Louis shows how citizens with low incomes are poorly served by the Bankruptcy Code and meager state.....
The Second Circuit held that denial of an individual chapter 7 debtor’s motion to dismiss the petition is not a final order and is not subject to appeal.
True, in ordinary civil litigation, the denial.....
The Eighth Circuit holds that judicial estoppel bars a chapter 13 debtor from recovering on an undisclosed personal injury claim that arose after filing but before the completion of plan payments. If.....
Three bankruptcy judges in St. Louis sat en banc and wrote an opinion that effectively bars bifurcated fee arrangements in the Eastern District of Missouri.
Recognizing “the difficulty that many.....
As shown in an opinion by a district judge in Arkansas, the law throughout the country is not uniform when it comes to the ability of a bankruptcy trustee to sell a debtor’s defensive appellate rights.....
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.....
Siding with the Ninth Circuit and distinguishing a seemingly similar decision from the Tenth Circuit, the Eighth Circuit held that appreciation in the value of a home during a chapter 13 case belongs.....
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.....