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.
On a question where the circuits are split, another district judge in Rochester, N.Y., has held that an in rem tax foreclosure of real property can be set aside as a fraudulent transfer for lack of.....
Bankruptcy courts on occasion answer unresolved questions of state probate law. So it was when the Ninth Circuit Bankruptcy Appellate Panel held that the bankruptcy trustee’s interest in a debtor’s.....
Requesting and obtaining continuances of a prepetition lawsuit against a debtor do not violate the automatic stay in Section 362(a), according to the Ninth Circuit Bankruptcy Appellate Panel.
In other.....
On an issue where the lower courts are split, the Ninth Circuit affirmed the Bankruptcy Appellate Panel by holding that an asset is not automatically abandoned if it was disclosed only in the.....
Chief Bankruptcy Judge Cecelia G. Morris of the Southern District of New York wrote an opinion in January 2020 where she said that some courts have incorrectly interpreted the Brunner test to impose.....
A trustee may not sell claims of the estate when there is only minimal incremental benefit to unsecured creditors, according to Bankruptcy Judge Louis A. Scarcella of Central Islip, New York.
In his.....
Ordinarily, a defendant will move heaven and earth to kick a fraudulent transfer suit out of bankruptcy court. When the shoe was on the other foot and the defendant was nailed in state court for.....
Taking sides with the dissenter and disagreeing with the Second Circuit’s majority opinion on August 2, Bankruptcy Judge Eduardo Rodriguez from the Southern District of Texas held that a debtor can.....
Concluding that Law v. Siegel, 571 U.S. 415 (2014), implicitly overruled its own precedent, the Ninth Circuit held on September 1 that a bankruptcy court must dismiss a chapter 13 case on motion by.....
If a creditor doesn’t cash a $230,000 distribution check on an allowed unsecured claim, is the chapter 7 debtor entitled to the funds 10 years later on the idea that the $230,000 represented a surplus.....