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.
Third Circuit Strips Debt Buyers of Defenses Under the F D C P A
The Third Circuit slammed the door on several theories a debt buyer might use to escape liability under the federal Fair Debt.....
Third Circuit Pronounces a Damages Formula for Fraudulent Entireties Transfers
Bankruptcy Judge Thomas P Agresti of Erie, Pennsylvania, was given the supreme compliment by the Third Circuit: The.....
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 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.....
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
A bankruptcy judge and a district judge in New Jersey both predict that the Third Circuit will follow the minority and hold.....