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 so-called Holder Rule is an important weapon that debtors can use when the originator of consumer paper has not lived up to its contractual obligations.
In a chapter 13 case before Bankruptcy.....
If “related to” jurisdiction exists at the outset of a lawsuit, the court retains personal and subject matter jurisdiction even if the basis for “related to” jurisdiction disappears later, the Fifth.....
Fifth Circuit Makes Student Loans Even More Difficult to Discharge
In the Fifth Circuit, student loans are arguably more difficult to discharge than elsewhere. The New Orleans based appeals raised the.....
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
The Fifth Circuit wrote a primer on pleading standards for claims of fraudulent transfer, preference, equitable.....
Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s
The Fifth Circuit opened the door a crack for so-called no-money-down chapter 13s, where debtors’ counsel are not required to eat the filing fee.....
Fifth Circuit Upholds Sanctions Against Nationwide Law Firm
In September, District Judge Elizabeth Erny Foote of Shreveport, Louisiana, upheld a plethora of sanctions and injunctions imposed on a self.....
Mothers Owed Child Support Weren’t Entitled to Notice in Father’s Bankruptcy, Circuit Says
Interpreting Illinois law, the Fifth Circuit narrowly construed the term creditor in holding that custodial.....
Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split
Although courts are divided on the issue, Chief Bankruptcy Judge Neil P Olack of Jackson, Mississippi, remanded a lawsuit to state.....
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
In the BAPCPA amendments in 2005, Congress may have intended to bar debtors from allowing mortgages to “ride through” bankruptcy.....
Fifth Circuit Hints that Debtors May Retain Property for Recreation and Entertainment
Although the Fifth Circuit was unwilling to make the opinion precedential, the appeals court is nonetheless.....