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.
Even when a debtor consents to the entry of judgment, the resulting judgment lien is a judicial lien subject to avoidance under Section 522(f), not a consensual lien that cannot be avoided as an.....
Aggressive bankruptcy planning won’t necessarily result in a denial of discharge, as shown by a Sixth Circuit opinion reversing the bankruptcy court and directing the entry of discharge.
The Sixth.....
A four-wheel, all-terrain vehicle is exempt as a “motor vehicle,” at least in Ohio. Bankruptcy Judge Mary Ann Whipple declined to engraft a “use” qualification onto the statutory language.
Judge.....
Aggressive bankruptcy planning led a bankruptcy court to deny a couple’s discharges under Section 727(a)(2)(B) for making a post-petition transfer with intent to hinder the chapter 7 trustee.
The.....
When one defendant among many is in bankruptcy, an order dismissing the complaint as to all of the other defendants isn’t final and isn’t appealable.
However, a December 8 opinion from the Sixth.....
For every rule, there’s an exception.
On January 30, we reported the Paris decision by Bankruptcy Judge David D. Cleary of Chicago, which could be read (improperly) to mean that a division of marital.....
On an issue where the courts are divided, Bankruptcy Judge Beth A. Buchanan of Cincinnati decided that the Social Security benefits of a nonfiling spouse are not to be included in deciding whether the.....
The Sixth Circuit has effectively immunized the U.S. Trustee from paying a debtor’s attorneys’ fees under the Equal Access to Justice Act (EAJA) when the U.S. Trustee is the loser in a contested.....
The receipt of a chapter 7 discharge does not automatically bar a debtor from converting a case to chapter 7, according to District Judge Nancy G. Edmonds of Detroit.
On the other hand, the right to.....
As a matter of public policy, Congress decided to subordinate unavoidable tax liens to the payment of domestic support obligations. Bankruptcy Judge Louis A. Scarcella of Central Islip, N.Y., rebuffed.....