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.
Gift cards purchased before bankruptcy won’t qualify for an exemption beyond whatever cash the debtor could exempt, according to Chief Bankruptcy Judge Dale L. Somers of Topeka, Kan.
The husband and.....
Divorcing While Bankrupt Lays Traps for the Unwary
When divorce coincides with bankruptcy, the debtor’s matrimonial lawyer should take counsel from a bankruptcy expert to avoid the kind of mistakes.....
Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent
On an issue dividing the lower courts, Bankruptcy Judge Martin Glenn of New York squarely held that educational.....
Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
The advice of counsel defense only applies in discharge litigation if the debtor receives advice before taking action.....
Tuition Payments by Insolvent Parents Likely Constitute Fraudulent Transfers
Bankruptcy trustees in some parts of the country are filing fraudulent transfer suits to recover tuition payments that.....
Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
Building on Law versus Siegel, a district judge in Kansas upheld Bankruptcy Judge Robert E. Nugent and ruled that the.....
Tenth Circuit Opinion Can Be the Springboard for a Cert on the Automatic Stay
Predictably, the Tenth Circuit reaffirmed a deepening circuit split yesterday by holding that the automatic stay does not.....
Educational Loans from a Private Lender Are Held Dischargeable
Following what she called the trending narrow view, Bankruptcy Judge Kimberley H. Tyson of Denver ruled that not all educational loans.....
Judge Develops a Creative Remedy to Deal with Nondischargeable Student Loans
The difficulties that bankruptcy judges face in discharging student loans can result in the invention of creative remedies.....