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.
Writing an opinion that reads like a law review article, Bankruptcy Judge Michelle V. Larson of Dallas decided that the so-called economic unit approach is the best method for deciding the size of a.....
Ruling in favor of the debtor on an issue similar to the question before the Supreme Court this coming term in Bartenwerfer, Bankruptcy Judge Joshua P. Searcy of Tyler, Texas, held that a debt is.....
If a post-confirmation adversary proceeding is “core” or entails interpretation of an order made during the chapter 11 case, there is always jurisdiction. According to an August 25 opinion by Third.....
A district court decision from Houston is required reading for plaintiffs’ tort lawyers to understand how they must write jury instructions and special verdict forms to ensure that judgments for.....
The estate of a chapter 13 debtor who dies before completing plan payments may still be granted a discharge despite the decedent’s inability to complete the required financial management course.....
Agreeing with a nonprecedential opinion from the Fifth Circuit and the majority on a recent decision from the Sixth Circuit Bankruptcy Appellate Panel, the Third Circuit held that the “penalty”.....
A district judge in Delaware firmly rejected the idea that the Supreme Court’s Acevedo decision “has suddenly declared that bankruptcy courts have no authority to retroactively approve retention of.....
The successful outcome of a chapter 7 case that pays creditors in full does not justify compensating the trustee’s attorney for performing duties imposed on the trustee, the Fifth Circuit said in a.....
Discharging $100,000 in student loans owed by an epileptic debtor who was almost unemployable, Bankruptcy Judge Laurie Selber Silverstein of Delaware wrote a 29-page opinion where she disagreed with.....
The Supreme Court’s Espinosa decision enabled Bankruptcy Judge Robert L. Jones of Lubbock, Tex., to present the debtors with a sizeable and unexpected gift alongside their chapter 13 discharges.
The.....