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 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.....
A debtor who is not a U.S. citizen is not entitled to a Florida homestead exemption unless the debtor holds a so-called green card entitling the debtor to permanent residence in the U.S.
The debtor was.....
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.....
Bankruptcy Judge Roberta A. Colton of Tampa, Fla., socked a law firm with $10,500 in sanctions for violating the discharge injunction.
The lesson to be learned: When confronted with a discharge.....
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.....
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.....
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.....
While attempting to salvage a failing business, a company’s owner didn’t commit a nondischargeable “defalcation” by failing to make employer’s contributions to a union welfare fund, according to.....
The Internal Revenue Service cannot be held liable for violating the discharge injunction unless the debtor has exhausted administrative remedies, according to Chief Bankruptcy Judge Cecelia Morris of.....