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.
An option to purchase real property is not an executory contract that a chapter 11 debtor can reject, according to Bankruptcy Judge Robyn L. Moberly of Indianapolis.
Prof. Jay L. Westbrook of the.....
“[W]hen an attorney learns that a client has engaged in fraudulent or unauthorized conduct,” the lawyer “must take reasonable remedial measures, including, if necessary, disclosure to the tribunal,”.....
A settlement term sheet signed after mediation by the debtor, her nondebtor husband and the creditor was enforceable, according to Bankruptcy Judge Ashely M. Chan of Philadelphia, even though the.....
A district judge in New Jersey held that a chapter 7 trustee isn’t entitled to a commission based on disbursements to the trustee’s own counsel. The judge believes that counsel for a trustee is not a.....
The lack of creditor opposition isn’t enough for the bankruptcy court to extend the automatic stay for a repeat filer in chapter 13, for reasons explained by Chief Bankruptcy Judge Gregory L. Taddonio.....
Based on Supreme Court authority, the Third Circuit held that the deadline for objecting to dischargeability of a debt cannot be extended by equitable tolling.
The July 10 opinion by Circuit Judge.....
For authority, Bankruptcy Judge Kathryn C. Ferguson of Trenton, N.J., could have cited Bob Dylan, who sang, “For the times, they are a-changin’.”
The debtor had been fired by his employer, allegedly.....
Bankruptcy Judge Timothy A. Barnes of Chicago certified a question for the Seventh Circuit to decide on direct appeal: May a chapter 13 trustee be paid her fee if the case is dismissed before.....
Disagreeing with Bankruptcy Judge Marvin Isgur of Houston and siding with the Internal Revenue Service, Chief Bankruptcy Judge Gregory L. Taddonio of Pittsburgh ruled that the bankruptcy court has no.....
The Seventh Circuit wrote an opinion to explain why the “clear and convincing” standard of proof for a turnover action that prevailed under the former Bankruptcy Act was replaced by a “preponderance.....