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.
Anyone who gambles incessantly risks bankruptcy and the denial of discharge without adequate documentation of gambling losses.
Bankruptcy Judge Timothy A. Barnes of Chicago wrote an opinion listing.....
Notice of the bar date by email may satisfy the requirements of due process, but emailed notice does not comply with the Bankruptcy Rules and in itself is insufficient to enforce the bar date.....
After Fulton, a creditor’s refusal to lift the attachment of a bank account is no violation of the automatic stay under any subsection Section 362(a), according to Bankruptcy Judge Mark J. Conway of.....
Neither issue nor claim preclusion barred the chapter 13 debtor from modifying a secured claim that the debtor had not challenged in a prior chapter 13 case, according to an August 18 opinion by.....
Taking sides with the Ninth Circuit Bankruptcy Appellate Panel and splitting with the First Circuit, Bankruptcy Judge Andrew B. Altenburg, Jr., of Camden, N.J., gave the post-petition appreciation in.....
A district judge in Chicago lamented how the Supreme Court and the Seventh Circuit have curtailed the ability of federal courts to enforce some consumer protection laws.
A discharged bankrupt filed a.....
On a question where the courts are split, Bankruptcy Judge Jerrold N. Poslusny, Jr. of Camden, N.J., allowed a debtor to pay post-petition mortgage arrears through an amended chapter 13 plan.
Siding.....
Bankruptcy Judge Timothy A. Barnes of Chicago displayed tools a judge can use to help a debtor who may have had a meritorious defense but could not afford to defend a dischargeability suit.
The.....
Auto owners in Chicago sustained a defeat when the Supreme Court held on January 14 that refusing to turn over an impounded car does not violate the automatic stay in Section 362(a)(3). Consequently.....
An unmarried couple broke up. The man moved out. The woman refused to return his personal property.
Often in these circumstances, the offended party will build a bonfire in the front yard, burning up.....