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.
If a creditor holds a judgment lien against a debtor arising from a claim based on fraud, it stands to reason, does it not, that the debtor cannot avoid the judgment lien under Section 522(f) as an.....
The powers of a Subchapter V trustee cannot be expanded to authorize the trustee to pursue avoidance actions belonging to the trustee, according to an opinion by District Judge Cathy Seibel of White.....
The Second Circuit held that denial of an individual chapter 7 debtor’s motion to dismiss the petition is not a final order and is not subject to appeal.
True, in ordinary civil litigation, the denial.....
Is a chapter 7 trustee paid anything if the trustee discovers nonexempt property that would pay creditors in full but the case converts to chapter 13 before the trustee makes distributions?
In his May.....
Bankruptcy Judge David S. Jones of New York explained when the automatic stay does or does not come into effect under Sections 362(b)(22) and 362(l), if the debtor was saddled with a judgment of.....
Although a superficial reading of Official Form 122C-2 might suggest otherwise, Bankruptcy Judge Robert H. Jacobvitz of Albuquerque, N.M., ruled that an above median income chapter 13 debtor who has.....
A final decree of divorce containing a division of marital property does not create a debtor/creditor relationship between the former spouses, according to an October 27 opinion by Bankruptcy Judge.....
As a matter of public policy, Congress decided to subordinate unavoidable tax liens to the payment of domestic support obligations. Bankruptcy Judge Louis A. Scarcella of Central Islip, N.Y., rebuffed.....
The bankruptcy court has discretion to avoid a constructively fraudulent transfer of exempt property even if the result makes the debtor solvent and able to pay her creditors in full, the Second.....
“The accepted procedure for allowing state courts to divide marital property when one spouse files bankruptcy is to modify the automatic stay and abstain from adjudicating the property settlement,”.....