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.
Even if a claim is subject to a bona fide dispute, the claim is still included in the calculation to determine whether the debtor has too much debt to be eligible for chapter 13.
The facts would make.....
If a chapter 13 debtor commits an unauthorized post-petition transfer and the case is converted to chapter 7, is there property of the estate that the chapter 7 trustee is entitled to recover?
The.....
Here’s a cautionary tale from the liquidation of the Bernard Madoff Ponzi scheme: For having lost a discovery motion, Bankruptcy Judge Stuart M. Bernstein of Manhattan directed the lawyer to pay the.....
Last year, the Supreme Court ruled unanimously in Taggart that the bankruptcy court “may impose civil contempt sanctions when there is no objectively reasonable basis for concluding that the creditor.....
Joining the Third Circuit, the Ninth Circuit held 2/1 that a buyer of defaulted debt can be liable under the FDCPA as a “debt collector,” even if the buyer has outsourced all of the collection work to.....
Because the Supreme Court has erected a higher standard for violations of the discharge injunction, the bankruptcy court was unable to find a mortgage servicer in contempt after discharge, although.....
Like the Bankruptcy Appellate Panel, the Ninth Circuit declined to write a precedential opinion announcing whether an individual’s chapter 11 plan may permissibly preclude enforcement of a.....
In a per curiam opinion on February 24, the Supreme Court effectively banned nunc pro tunc orders, which bankruptcy courts often use to make retention orders effective when the application or petition.....
The Second Circuit wouldn’t allow a fraudster to use her own fraud to avoid a judicial lien on her home.
Rather than rely on the notion of unclean hands, the appeals court based its conclusion on the.....
In the Ninth Circuit, forgetting to raise discharge as a defense in state court isn’t fatal. At least if the creditor later asks the bankruptcy court to rule on whether the debt was discharged, the.....