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.
Twenty-seven months after oral argument, the Second Circuit avoided making a circuit split, sided with three other circuits, and held that a chapter 13 standing trustee “cannot keep any percentage fee.....
When a chapter 13 debtor sells property, the debtor cannot be compelled to turn the proceeds over to the trustee, even if the proceeds would be required to confirm a plan, according to an opinion by.....
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.....
Upholding Bankruptcy Judge Robert E. Grossman, a district judge in Brooklyn, N.Y., ruled that a chapter 13 trustee is entitled to compensation if the case is dismissed before confirmation.
In most.....
Quoting the late Burton R. Lifland, whom he called a “renowned, former bankruptcy judge,” Bankruptcy Judge Alan S. Trust of Central Islip, N.Y., ruled that a secured creditor is not entitled to.....
Taking sides on an issue where the courts are divided, Bankruptcy Judge Robert E. Grossman of Central Islip, N.Y., decided that a chapter 13 trustee is entitled to retain his or her statutory fee even.....