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.
Affirming the bankruptcy court, a district judge in Brooklyn identified a loophole allowing chapter 13 debtors in some states to assert a homestead exemption without having the exemption prevent the.....
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.....
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.....
Being the “initial recipient” of a fraudulent transfer by itself isn’t enough to be liable as an “initial transferee,” for reasons explained by the Second Circuit in an opinion on May 5.
A foreign.....
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.....
Here’s a cautionary tale from the liquidation of the Bernard Madoff Ponzi scheme: For having lost a discovery motion, Bankruptcy Judge Stuart M. Bernstein of Manhattan directed the lawyer to pay the.....
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.....
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.....
Second Circuit Defines a Prohibited Double Recovery on Fraudulent Transfers
Affirming Bankruptcy Judge Alan S Trust, the Second Circuit explained when a trustee is prohibited from making a double.....
Connecticut Joins New York on Fraudulent Transfers for Children’s Tuition
Courts in Connecticut and New York are taking the same approach in deciding whether a parent’s payments of tuition for an.....