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.
“No harm, no foul” can explain a “no call” in basketball, but the “concept does not have a parallel” in bankruptcy, the Tenth Circuit Bankruptcy Appellate Panel said.
The record in bankruptcy court.....
Palpably angry, Bankruptcy Judge Martin Glenn of New York imposed $378,000 in contempt sanctions on a student loan servicer for ignoring court orders over five years and attempting to collect a.....
In a victory for people burdened with student loans, the Tenth Circuit joined the Fifth Circuit by holding that a loan to finance education is dischargeable unless it was either a “qualified education.....
Given the same simple facts and the same controlling precedent, a majority on a Tenth Circuit panel disagreed with the circuit’s Bankruptcy Appellate Panel about a recurring preference question: Does.....
In several circuits, complete disgorgement is the default sanction for a debtor’s attorney’s failure to disclose fee arrangements and payments.
To impose any lesser sanction requires “sound reasons.....
While attempting to salvage a failing business, a company’s owner didn’t commit a nondischargeable “defalcation” by failing to make employer’s contributions to a union welfare fund, according to.....
The Internal Revenue Service cannot be held liable for violating the discharge injunction unless the debtor has exhausted administrative remedies, according to Chief Bankruptcy Judge Cecelia Morris of.....
In March 2018, the Second Circuit held that a debtor is not required to arbitrate a contempt action alleging that a creditor violated the discharge injunction. Credit One Bank NA v. Anderson (In re.....
Adopting the broader, “plain language” interpretation of Section 554(c), District Judge Jill N. Parrish of Salt Lake City affirmed a decision by Bankruptcy Judge Joel T. Marker and held that an asset.....
On an issue where the lower courts are divided, Bankruptcy Judge Joseph G. Rosania, Jr. of Denver decided that the net proceeds from liquidation of an exempt asset belong to creditors under a chapter.....