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.
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 six cases where neither the chapter 13 trustee nor creditors had lodged objections to confirmation of the plans, Bankruptcy Judge Diane Davis of Utica, N.Y., refused to approve four plans because.....
The standards under Taggart limiting the imposition of contempt sanctions for violating the discharge injunction do not apply when the creditor’s violation of the automatic stay continues after.....
A lawyer who allegedly helped judgment debtors hide their assets in his trust account got off scot-free under New York fraudulent transfer law combined with ethical rules governing a lawyer’s conduct.....
An opinion by Bankruptcy Judge Christopher M. Klein of Sacramento, Calif., is a hoot. It deserves reading in full text just for the entertainment value. If practices he describes are prevalent in the.....
Observing that some courts have incorrectly interpreted the Brunner test to impose “punitive standards,” Chief Bankruptcy Judge Cecelia G. Morris of the Southern District of New York allowed a debtor.....
Although holding a hearing on a contempt motion in state court may not violate the automatic stay, the remedy imposed by the state court may nonetheless violate the stay, according to Bankruptcy Judge.....
On two issues where the intermediate state appellate courts in New York are divided, Bankruptcy Judge Robert E. Grossman of Central Islip, N.Y., ruled that the statute of limitations barred the holder.....
A gun is exempt as household goods depending on where the debtor lives (and the purpose the debtor assigns to keeping a firearm).
A couple in Connecticut claimed that a .22 caliber, lever-action rifle.....
By consent, a chapter 11 plan can discharge an individual’s nondischargeable debt, even a matrimonial debt that is excepted from discharge under Section 523(a)(15).
The October 29 opinion by.....