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.
Joining what he called the “slight minority of courts,” Chief Bankruptcy Judge Brian T. Fenimore of Kansas City, Mo., decided that the appreciation in the value of a homestead during a chapter 13 case.....
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.....
For a preference, the transfer occurs when property is placed in escrow or is delivered to the court to be held in custodia legis, according to Bankruptcy Judge William J. Fisher of St. Paul, Minn.
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.....
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.....
In one of his last decisions before retirement this week, Bankruptcy Judge Robert D. Drain of New York declined to follow dicta from recent court of appeals decisions in his circuit and ruled that the.....
Nine days apart, bankruptcy judges in Colorado and Minnesota disallowed so-called bifurcated fee arrangements where chapter 7 debtors paid nothing before filing. The two judges found multiple.....
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.....
On an issue where the circuits are split, Bankruptcy Judge Kathleen H. Sanberg of Minneapolis sided with the majority and held that “only a debt traceable to a securities law violation committed by a.....