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 Emily Litella Principle Governs the Withdrawal of Proofs of Claim
The Emily Litella principle will not divest the bankruptcy court of equitable jurisdiction, according to an opinion by Bankruptcy.....
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.....
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.....
Direct Mortgage Payments Are Not Provided For in a Plan, Eleventh Circuit Holds
For the first time among the courts of appeals, two judges on an Eleventh Circuit panel held that direct payments by a.....
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.....
Invocation of Rooker-Feldman Requires Finality in the State Court Judgment
The Eleventh Circuit explained when the Rooker-Feldman doctrine does not apply despite a judgment in state court.
Named for.....
Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay
Without violating the automatic stay, may a creditor retain a payment made voluntarily by a debtor after bankruptcy with.....