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.
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.....
Holding that a bankruptcy court may not enforce a discharge order entered in another district, the Second Circuit nixed the idea of a nationwide class action alleging contempt of the discharge.....
Answering a certified question, the Connecticut Supreme Court ruled that the state’s enlarged homestead exemption applies to creditors whose unsecured claims arose before the exemption was increased.....
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.....
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.....
If legal or factual disputes must be resolved before deciding whether a private student loan was excepted from discharge under Section 523(a)(8)(A)(i), there is no violation of the Fair Credit.....
The assignment of a claim confers the right to assert the nondischargeability of the claim, according to Bankruptcy Judge Robert E. Grossman of Central Islip, N.Y., who adopted the position of the.....
On an issue where the lower courts are split, a district judge on Long Island, N.Y., reversed the bankruptcy court by holding that a debtor is entitled to a homestead exemption in sale proceeds when.....
The Second Circuit joined three other courts of appeals in holding that real estate tax foreclosures can be attacked as fraudulent transfers despite BFP v. Resolution Trust, 511 U.S. 531 (1994), where.....
Taking the middle ground between the majority and minority on a split, Chief Bankruptcy Judge Diane Davis decided that an exempt asset is not included in the calculation of “projected disposable.....