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.
As a more effective and targeted remedy for dismissal of a chapter 13 petition filed in bad faith, New York’s Bankruptcy Judge Philip Bentley dismissed, but with a proviso that the automatic stay in a.....
There is a body of caselaw where trustees have sued, with more or less success, to recover tuition paid by parents for emancipated children. But when the trustee for a father recently alleged that an.....
In one of his last decisions before retirement this week, Bankruptcy Judge Robert D. Drain of New York declined to follow dicta from recent court of appeals decisions in his circuit and ruled that the.....
Reversing the lower courts, the Second Circuit held that a debtor is entitled to recover attorneys’ fees for successfully prosecuting appeals from the bankruptcy court’s order holding a creditor in.....
Having decided that “Chapter 13 has morphed into the pursuit of loss mitigation as its sole purpose in which debtors file cases they never intend to bring to confirmation,” Bankruptcy Judge Robert E.....
A trustee may not sell claims of the estate when there is only minimal incremental benefit to unsecured creditors, according to Bankruptcy Judge Louis A. Scarcella of Central Islip, New York.
In his.....
Taking sides with the dissenter and disagreeing with the Second Circuit’s majority opinion on August 2, Bankruptcy Judge Eduardo Rodriguez from the Southern District of Texas held that a debtor can.....
Over a vigorous dissent, the Second Circuit overruled the bankruptcy court and in the process made two landmark rulings: (1) The Taggart standard for the imposition of contempt applies to all.....
District Judge Joan M. Azrack of Central Islip, N.Y., laid down the rules for lodging a pre-filing injunction against a vexatious litigant.
The chapter 7 debtor had not paid a mortgage since 2014. The.....
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.....