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.
Affirming the Bankruptcy Appellate Panel, the Ninth Circuit held that Section 506(d) does not void a lien if disallowance of the associated secured claim was based on a lack of standing to file the.....
This summer, the Supreme Court will consider granting certiorari to resolve a circuit split under Section 362(c)(3)(A).
The question is this: If a petition by an individual under chapters 7, 11 or 13.....
In Acevedo, the Supreme Court ruled in February that a nunc pro tunc order can only memorialize an action that the court actually took at a previous time but was not officially recorded. In other.....
Splitting with the First Circuit, the Ninth Circuit Bankruptcy Appellate Panel held in late December that a chapter 13 debtor may retain the post-petition increase in value of a nonexempt asset.
Last.....
The Bankruptcy Appellate Panel for the Ninth Circuit held in substance that a bankruptcy court cannot decline to rule on a request for a comfort order and must tell a creditor whether its contemplated.....
Even if a claim is subject to a bona fide dispute, the claim is still included in the calculation to determine whether the debtor has too much debt to be eligible for chapter 13.
The facts would make.....
If a chapter 13 debtor commits an unauthorized post-petition transfer and the case is converted to chapter 7, is there property of the estate that the chapter 7 trustee is entitled to recover?
The.....
Here’s a cautionary tale from the liquidation of the Bernard Madoff Ponzi scheme: For having lost a discovery motion, Bankruptcy Judge Stuart M. Bernstein of Manhattan directed the lawyer to pay the.....
Last year, the Supreme Court ruled unanimously in Taggart that the bankruptcy court “may impose civil contempt sanctions when there is no objectively reasonable basis for concluding that the creditor.....
Joining the Third Circuit, the Ninth Circuit held 2/1 that a buyer of defaulted debt can be liable under the FDCPA as a “debt collector,” even if the buyer has outsourced all of the collection work to.....