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.
Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
Narrowly interpreting Supreme Court authority, Chief Bankruptcy Judge Christopher S Sontchi of Delaware.....
Third Circuit Strips Debt Buyers of Defenses Under the F D C P A
The Third Circuit slammed the door on several theories a debt buyer might use to escape liability under the federal Fair Debt.....
Third Circuit Pronounces a Damages Formula for Fraudulent Entireties Transfers
Bankruptcy Judge Thomas P Agresti of Erie, Pennsylvania, was given the supreme compliment by the Third Circuit: The.....
The Supreme Court Refuses to Revisit Dewsnup
The Supreme Court won’t be overruling Dewnsup this year, and probably never. Yesterday, the justices denied the petition for certiorari in Ritter v. Brady.....
Supreme Court Is on the Road to Overruling Dewsnup
On February 15, the Supreme Court will consider a petition for certiorari asking the justices to overrule the infamous Dewsnup decision.
Over a.....
Newly Filed Certiorari Petitions Raise Circuit Splits on Finality and the Automatic Stay
Two newly filed petitions for certiorari ask the Supreme Court to decide whether 1 passively holding property.....
Supreme Court Tackles Nonjudicial Foreclosure and the FDCPA. Homeowners Might Win
To resolve a split among the circuits, the Supreme Court held oral argument on January 7 to decide whether nonjudicial.....
Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy
Justice Brett M. Kavanaugh wrote his first opinion for the Supreme Court in what The New York Times called a minor.....
Supreme Court Grants Cert to Decide Whether Good Faith Is a Defense to Contempt
On Friday afternoon, the Supreme Court granted certiorari in Taggart versus Lorenzen to decide whether good faith is a.....
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
A bankruptcy judge and a district judge in New Jersey both predict that the Third Circuit will follow the minority and hold.....