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.
A district judge in Arizona upheld an order by a bankruptcy judge directing an attorney to disgorge more than $1.6 million for nondisclosure of fee-sharing, among other violations of the Bankruptcy.....
Brooklyn Bankruptcy Judge Elizabeth S. Stong nixed sophistic arguments that would have gutted Sections 109(g) and 362(b)(21) by allowing the automatic stay to halt foreclosure against a debtor whose.....
A chapter 7 debtor kept a chose in action that arose from the dead after filing, for reasons explained by Bankruptcy Judge Alan S. Trust of Central Islip, N.Y.
The debtor filed a chapter 7 petition in.....
In Tyler v. Hennepin County, 598 U.S. 631 (2023), the Supreme Court held that a real estate tax foreclosure can violate the Takings Clause of the Fifth Amendment when a municipality takes title but.....
Following Second Circuit precedent holding that denial of a debtor’s motion to dismiss a chapter 7 case is not a final, appealable order, a district judge on Long Island, N.Y., decided that an order.....
Affirming the bankruptcy court, a district judge in Brooklyn identified a loophole allowing chapter 13 debtors in some states to assert a homestead exemption without having the exemption prevent the.....
In December, we reported on a decision where Bankruptcy Judge David T. Thuma of Albuquerque, N.M., held that he could avoid a judicial lien based on a judgment for fraud. In re Mirabal, 23-10862, 2024.....
Believing that two bankruptcy judges and a district judge were wrong, the majority on the Arizona Supreme Court answered a certified question by holding that a self-propelled motor home (a/k/a an RV).....
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.....
There is a body of caselaw where trustees have sued, with more or less success, to recover tuition paid by parents for emancipated children. But when the trustee for a father recently alleged that an.....