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.
Upholding Bankruptcy Judge Gregory T. Taddonio, a district judge in Pittsburgh held that stripping off a state’s tax lien is an in rem proceeding in which the state has no Eleventh Amendment sovereign.....
Joining several other circuits, the Third Circuit ruled that an action under Section 362(k) to recover damages for a willful violation of the automatic stay may exist independent of the underlying.....
Unlike mortgage foreclosures, which can be immune from attack in bankruptcy court, a tax foreclosure in New Jersey may be set aside as a preference because the process does not entail a public auction.....
Earmarking Only Applies When a Debtor Receives a Loan from a Third Party
Success in bankruptcy is like success as a stand up comedian: It’s all in the timing. In a case before Chief Bankruptcy Judge.....
Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate
When creditors have been represented by an attorney in state court, a debtor need not, and indeed perhaps should not.....
Sovereign Immunity Doesn’t Insulate States from Lien Stripping
Bankruptcy Judge Gregory T Taddonio of Pittsburgh likened the Pennsylvania state taxing authority to Achilles, the Greek hero who thought.....
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.....
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.....