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.
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.....
A decision by Bankruptcy Judge Jason A. Burgess of Jacksonville, Fla., could be read to mean that a creditor who has been notified about a debtor’s bankruptcy violates the automatic stay if the.....
An opinion by Bankruptcy Judge Scott M. Grossman of Fort Lauderdale, Fla., could be read to imply that a chapter 13 debtor outside the Eleventh Circuit is not required to disclose the receipt of a.....
During an era when courts torture the language of opaque statutes to find answers for difficult questions, it was refreshing to read an opinion by Bankruptcy Judge Robert A. Mark of Miami, who used.....
The assignment of a claim confers the right to assert the nondischargeability of the claim, according to Bankruptcy Judge Robert E. Grossman of Central Islip, N.Y., who adopted the position of the.....
On a topic with sparse authority where the lower courts are divided, Bankruptcy Judge Caryl E. Delano of Ft. Myers, Fla., came down on the side of the debtor by holding that Social Security benefits.....
On an issue where the lower courts are split, a district judge on Long Island, N.Y., reversed the bankruptcy court by holding that a debtor is entitled to a homestead exemption in sale proceeds when.....
To bar discharge of a debt for violation of securities laws, Bankruptcy Judge Peter D. Russin of Fort Lauderdale, Fla., held that the debtor must have been a party in the lawsuit finding a violation.....
Having decided that “Chapter 13 has morphed into the pursuit of loss mitigation as its sole purpose in which debtors file cases they never intend to bring to confirmation,” Bankruptcy Judge Robert E.....