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.
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.....
Wildcard Exemption Covered a Prepetition Malpractice Claim
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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.....