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.
He didn’t abolish so-called chapter 20 entirely, but Bankruptcy Judge Robert E. Grossman of Central Islip, N.Y., has made it unworkable for many chapter 13 debtors.
The typical chapter 20 case works.....
Over a vigorous dissent, the Second Circuit overruled the bankruptcy court and in the process made two landmark rulings: (1) The Taggart standard for the imposition of contempt applies to all.....
In a split decision, the two judges on the Ninth Circuit Bankruptcy Appellate Panel took sides with the minority of courts around the country by ruling in a nonprecedential opinion that a standing.....
A chapter 13 debtor filed a motion under Section 1307(b) for dismissal of right. Had he succeeded, the debtor would have been entitled to file again and attempt to discharge all his debts, because.....
Employing emphatic language, the Second Circuit joined two other circuits by holding that all student loans are not excepted from discharge simply because they are student loans.
Technically speaking.....
An award of treble damages in arbitration for a willful violation of state law doesn’t mean that the debt is automatically excepted from discharge under Section 523(a)(2)(A), for reasons explained by.....
Chief Bankruptcy Judge Maureen A. Tighe of Woodland Hills, Calif., rejected the U.S. Trustee’s contention that Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 140 S. Ct. 696.....
Law v. Siegel didn’t bar the bankruptcy court from employing equitable remedies in all circumstances, according to the Ninth Circuit.
The debtor was a lawyer who represented herself in the circuit. She.....
On an issue where the lower courts are divided, Bankruptcy Judge Marc Barreca of Seattle disagreed with the Tenth Circuit Bankruptcy Appellate Panel and a fellow bankruptcy judge in the Ninth Circuit.....
Someone who finances prosecution of a personal injury claim in New York has nothing more than an unsecured claim if the debtor who holds the claim files bankruptcy before settlement or entry of.....