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.
An award of treble damages in arbitration for a willful violation of state law doesn’t mean that the debt is automatically excepted from discharge under Section 523(a)(2)(A), for reasons explained by.....
Someone who finances prosecution of a personal injury claim in New York has nothing more than an unsecured claim if the debtor who holds the claim files bankruptcy before settlement or entry of.....
A bankruptcy court has subject matter jurisdiction or power to entertain a nationwide class action alleging contempt of the discharge injunction, according to Bankruptcy Judge Elizabeth S. Stong of.....
When Fulton came down in January, the Supreme Court decided that debtors are not entitled to regain possession of impounded cars under Section 362(a)(3) simply by filing chapter 13 petitions. City of.....
Even though measured by the expenses incurred by the state disciplinary authorities, a district judge in Wisconsin sided with the Ninth Circuit and held that costs assessed against the lawyer were not.....
On an issue where the circuits are split, a district judge sided with the majority by upholding Bankruptcy Judge Kent Lindquist of Hammond, Indiana, and ruling that the automatic stay does not.....
Bankruptcy Judge Timothy A. Barnes of Chicago displayed tools a judge can use to help a debtor who may have had a meritorious defense but could not afford to defend a dischargeability suit.
The.....
On a question where the lower courts are split, Chief Bankruptcy Judge G. Michael Halfenger of Milwaukee decided that the fees paid for a chapter 13 debtor’s counsel must be taken into consideration.....
Auto owners in Chicago sustained a defeat when the Supreme Court held on January 14 that refusing to turn over an impounded car does not violate the automatic stay in Section 362(a)(3). Consequently.....
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.....