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.
Seventh Circuit Solidifies a Circuit Split on the Automatic Stay
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Failure to Petition the Circuit Court for a Direct Appeal Requires Dismissal
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Earmarking Only Applies When a Debtor Receives a Loan from a Third Party
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Did Segal Survive Butner in Defining Property of the Estate?
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Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate
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Lenders Admonished to Demand Nothing More in Plans than the Law Allows
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Sovereign Immunity Doesn’t Insulate States from Lien Stripping
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Filing Tag-Team Bankruptcies Resulted in Suspension from Practice
By using tag-team bankruptcies and meritless tactics, a Wisconsin lawyer did succeed in forestalling foreclosure of her clients’ home.....
Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets
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Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
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