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.
Last year, the Supreme Court ruled unanimously in Taggart that the bankruptcy court “may impose civil contempt sanctions when there is no objectively reasonable basis for concluding that the creditor.....
Joining the Third Circuit, the Ninth Circuit held 2/1 that a buyer of defaulted debt can be liable under the FDCPA as a “debt collector,” even if the buyer has outsourced all of the collection work to.....
Because the Supreme Court has erected a higher standard for violations of the discharge injunction, the bankruptcy court was unable to find a mortgage servicer in contempt after discharge, although.....
Like the Bankruptcy Appellate Panel, the Ninth Circuit declined to write a precedential opinion announcing whether an individual’s chapter 11 plan may permissibly preclude enforcement of a.....
In the Ninth Circuit, forgetting to raise discharge as a defense in state court isn’t fatal. At least if the creditor later asks the bankruptcy court to rule on whether the debt was discharged, the.....
The Ninth Circuit Bankruptcy Appellate Panel eliminated a split among the lower courts by reversing the bankruptcy court and ruling that the failure to report increased income can lead to the.....
On an issue where the courts are split, Chief Bankruptcy Judge Joseph M. Meier of Boise, Idaho, decided that a chapter 13 trustee is entitled to no fee if the case is dismissed before confirmation.
Th.....
The standards under Taggart limiting the imposition of contempt sanctions for violating the discharge injunction do not apply when the creditor’s violation of the automatic stay continues after.....
Differing with the First Circuit, the Ninth Circuit Bankruptcy Appellate Panel allowed a chapter 13 debtor to retain the post-petition increase in value of a nonexempt asset.
Building on a prior Ninth.....
An opinion by Bankruptcy Judge Christopher M. Klein of Sacramento, Calif., is a hoot. It deserves reading in full text just for the entertainment value. If practices he describes are prevalent in the.....