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.
Loans taken down to refinance existing, higher-interest loans were not consumer debts in the absence of evidence to the contrary, the Ninth Circuit said.
The decision is nonprecedential. Were it.....
Reversing the Bankruptcy Appellate Panel, the Ninth Circuit evidently held that a claim will be allowed if the creditor supplies all of the information required by Bankruptcy Rule 3001(c), even when.....
When a home mortgage matures before the final payment under a chapter 13 plan, the debtor may bifurcate the mortgage into a secured and an unsecured claim, only paying the secured claim in full, the.....
A lender and its lawyer were sanctioned under Bankruptcy Rule 9011 for filing a dischargeability complaint against a consumer based only on the allegation that it must have been fraud because the.....
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.....
Employing state law, the Oregon Supreme Court reached the same conclusion as most federal courts: The trial court should allow the substitution of a bankruptcy trustee as the real party in interest.....
Once a debtor has completed plan payments, the bankruptcy court has power under Bankruptcy Rule 7070 to clear title by removing liens that were stripped off in the debtor’s chapter 13 plan.
In.....
Finding neither constitutional nor prudential standing to appeal, the Ninth Circuit permitted a chapter 7 trustee to sell a home out from underneath the debtors when the home was worth less than the.....
I am thrilled to briefly pinch-hit here at Rochelle’s Daily Wire, though I doubt that Bill actually knows how to take a “vacation.” For those who have followed RDW through the years, you know that.....
Splitting with the Tenth Circuit, a divided panel on the Ninth Circuit held that the post-petition appreciation in the value of a home belongs to creditors when a chapter 13 debtor converts the case.....