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.
Removing a debtor as a beneficiary of a revocable, inter vivos trust is not a transfer that a trustee can set aside. A contrary result “would turn the privacy of estate planning into a minefield for.....
Jointly Owned Property Is Presumptively Community Property in California
Armed with an answer from the California Supreme Court to a certified question, the Ninth Circuit held that property purchased.....
In Acevedo, the Supreme Court banned nunc pro tunc orders as they were often used by bankruptcy courts. Bankruptcy Judge Christopher D. Jaime of Sacramento, Calif., explained why Acevedo did not bar.....
Palpably angry, Bankruptcy Judge Martin Glenn of New York imposed $378,000 in contempt sanctions on a student loan servicer for ignoring court orders over five years and attempting to collect a.....
The Internal Revenue Service cannot be held liable for violating the discharge injunction unless the debtor has exhausted administrative remedies, according to Chief Bankruptcy Judge Cecelia Morris of.....
This summer, the Supreme Court will consider granting certiorari to resolve a circuit split under Section 362(c)(3)(A).
The question is this: If a petition by an individual under chapters 7, 11 or 13.....
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.....
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.....
Observing that some courts have incorrectly interpreted the Brunner test to impose “punitive standards,” Chief Bankruptcy Judge Cecelia G. Morris of the Southern District of New York allowed a debtor.....
By consent, a chapter 11 plan can discharge an individual’s nondischargeable debt, even a matrimonial debt that is excepted from discharge under Section 523(a)(15).
The October 29 opinion by.....