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.
On an issue where the courts are split, Chief Bankruptcy Judge Carl L. Bucki of Buffalo, N.Y., decided that the Supremacy Clause precludes the court from honoring a property execution delivered to a.....
With courts divided on the interpretation of 28 U.S.C. § 1412 about transferring venue in bankruptcy cases, a district judge in Rochester, N.Y., has adopted the approach from the Southern District of.....
On a question where the circuits are split, another district judge in Rochester, N.Y., has held that an in rem tax foreclosure of real property can be set aside as a fraudulent transfer for lack of.....