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 courts are split on allowing a trustee to sell a home with no equity over an objection by the chapter 7 debtor. Without resolving the ultimate question, Bankruptcy Judge Robert E. Grossman of.....
Taking sides with the majority on a circuit split, the Eleventh Circuit upheld the bankruptcy court by ruling that an unanticipated change in circumstances is not required to justify the modification.....
The Eleventh Circuit upheld $150,000 in sanctions imposed under Section 526(c)(5) on a self-described nationwide law for violating a settlement agreement with the bankruptcy administrator in the.....
While attempting to salvage a failing business, a company’s owner didn’t commit a nondischargeable “defalcation” by failing to make employer’s contributions to a union welfare fund, according to.....
The first court of appeals to tackle the issue, the Eleventh Circuit held that a chapter 13 plan by itself cannot assume an executory contract.
In an opinion on June 3 by Circuit Judge Kevin C. Newsom.....
Even though the debtor had not listed a contract among her executory contracts, all of the claims associated with the contract were discharged because the debtor had scheduled the counterparty as a.....
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.....
Even if the trustee blows the two-year statute of limitations for bringing an avoidance action to invalidate an unperfected lien, the trustee is not time-barred from objecting to the secured status of.....
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.....
In a per curiam opinion on February 24, the Supreme Court effectively banned nunc pro tunc orders, which bankruptcy courts often use to make retention orders effective when the application or petition.....