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.
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.....
The Supreme Court granted certiorari to resolve a circuit split on the standard to employ before invoking judicial estoppel when a chapter 13 debtor failed to disclose a personal injury claim.
The date.....
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.....
Counsel in California, beware: The state’s reciprocal fee-shifting statute means that the losing side — whether it be the debtor, the trustee or the creditor — pays the adversary’s attorneys’ fees if.....
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.....
Without a motion by a creditor or party in interest, the bankruptcy court with the first bankruptcy case has the right, sua sponte, to transfer venue of a subsequently filed case by the same debtor or.....
At the end of the term, the Supreme Court decided a nonbankruptcy case that puts to rest several bankruptcy questions arising in the wake of Northern Pipeline, Granfinanciera and Stern v. Marshall.
In.....
Refusing to dismiss the chapter 7 petition by an individual who owned corporations that sold marijuana at retail, Bankruptcy Judge Dennis Montali of San Francisco said that the U.S. Trustee Program.....