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.
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.....
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.....
A payment to a debtor received within 180 days of bankruptcy as a death beneficiary under an individual retirement account is not estate property that the debtor must turn over to the trustee.....
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.....
Creating a split of circuits, the Tenth Circuit held that the 14-day deadline for filing an appeal from a bankruptcy court’s order is not jurisdictional.
Bankruptcy Rule 8002(a)(1) is nonetheless.....
The courts are split on allowing a trustee to sell a home with no equity over an objection by the chapter 7 debtor. Without resolving the ultimate question, Bankruptcy Judge Robert E. Grossman of.....
Bankruptcy Judge Mark A. Randon of Detroit ruled in substance that his district’s model chapter 13 plan violates the “plain language” of Section 1322(d)(1) by requiring payments for more than five.....
Palpably angry, Bankruptcy Judge Martin Glenn of New York imposed $378,000 in contempt sanctions on a student loan servicer for ignoring court orders over five years and attempting to collect a.....
Someone who depends on charity from her parents to pay rent and medical expenses is entitled to discharge her student loans, according to Bankruptcy Judge Russ Kendig of Canton, Ohio.
In other words.....
On a question where the courts are split, a district judge in Detroit upheld Bankruptcy Judge Thomas J. Tucker by ruling that Social Security benefits can be considered in deciding whether a chapter 7.....