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.
The exception in the automatic stay for “domestic violence” applies to claims for sexual abuse arising decades earlier, not only to claims of imminent or ongoing sexual abuse, says Bankruptcy Judge.....
Ruling on an issue that has “has divided and confounded bankruptcy courts for years,” Bankruptcy Judge Scott M. Grossman of Fort Lauderdale, Fla., decided that the “notice” referred to in Bankruptcy.....
While it’s beginning to look at lot like Christmas, it’s also beginning to look like the accrual test will decide whether a claim belongs to the debtor, not to the debtor’s bankrupt estate. At the.....
When the Barton doctrine did not apply, the Eleventh Circuit achieved the same result by employing judicial immunity to insulate a bankruptcy trustee who made a mistake by seizing property belonging.....
Over a dissent and in disagreement with the Collier treatise, the Eleventh Circuit created a circuit split by holding that real property with an alternative purpose is subject to the anti-modification.....
The Eleventh Circuit twisted itself in knots to hold that neither Rooker-Feldman nor issue preclusion prevented the bankruptcy court from disregarding an erroneous state court decision saying that an.....
Bankruptcy Judge Henry A. Callaway of Mobile, Ala., ruled last year that settlement proceeds resulting from postpetition personal injury claims were not disposable income and should not increase.....
Bankruptcy Judge Scott M. Grossman of Fort Lauderdale, Fla., explained why “merely selling a debt to another holder” does not “somehow immunize a creditor and create a fair ground of doubt as to.....
Narrowly interpreting Rooker-Feldman in light of more recent authority, a district judge in Tampa, Fla., held that the doctrine did not apply to someone who was not a party to the suit in state court.....
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.....