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.
Affirming the bankruptcy court, a district judge in New York held that a monetary sanction for violation of the automatic stay may be collected by use of a contempt motion rather than through use of a.....
As a more effective and targeted remedy for dismissal of a chapter 13 petition filed in bad faith, New York’s Bankruptcy Judge Philip Bentley dismissed, but with a proviso that the automatic stay in a.....
In one of his last decisions before retirement this week, Bankruptcy Judge Robert D. Drain of New York declined to follow dicta from recent court of appeals decisions in his circuit and ruled that the.....
Taking sides with the dissenter and disagreeing with the Second Circuit’s majority opinion on August 2, Bankruptcy Judge Eduardo Rodriguez from the Southern District of Texas held that a debtor can.....
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.....
The Southern District of New York has a so-called loss mitigation program designed to promote settlement talks between mortgage lenders and bankrupt consumers at risk of losing their homes in.....