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.
A Pending Sale Contract Doesn’t Obliterate a Homestead Exemption in Chapter 7
Signing a contract before bankruptcy to sell a home will not destroy a chapter 7 debtor’s homestead exemption, according.....
District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules
A district court in Illinois limited the ability of bankruptcy judges to adopt local rules adding more requirements for confirming.....
Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent
On an issue dividing the lower courts, Bankruptcy Judge Martin Glenn of New York squarely held that educational.....
Tuition Payments by Insolvent Parents Likely Constitute Fraudulent Transfers
Bankruptcy trustees in some parts of the country are filing fraudulent transfer suits to recover tuition payments that.....
Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline
On an issue where the circuits are split, Bankruptcy Judge Donald R. Cassling of Chicago ruled that a chapter 7 trustee has.....
A district judge in Chicago reversed Bankruptcy Judge Janet S. Baer, who had ruled in December that having student loans exceeding the chapter 13 unsecured debt limit does not require dismissing an.....