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.
Eventually, the Supreme Court will decide whether debtors can be compelled to arbitrate core and non-core disputes with creditors. For now, at least, courts in the Ninth Circuit are giving short.....
Almost one year ago, Bankruptcy Judge Mike N. Nakagawa of Las Vegas socked a mortgage servicer with some $300,000 in actual and punitive damages for “reprehensible” conduct by violating the automatic.....
On an issue where courts are split, Chief Bankruptcy Judge Joseph M. Meier of Boise, Idaho, followed the Tenth Circuit Bankruptcy Appellate Panel by holding that post-petition appreciation in the.....
The bankruptcy court does not have constitutional power to enter final judgment in a preference suit against a defendant who did not file a claim or consent to final adjudication in bankruptcy court.....
Attempting to collect a debt paid in full under a chapter 13 plan can violate the federal Fair Debt Collection Practices Act, or FDCPA, according to the Ninth Circuit.
Because the debtor was not.....
Attempting to collect a debt paid in full under a chapter 13 plan can violate the federal Fair Debt Collection Practices Act, or FDCPA, according to the Ninth Circuit.
Because the debtor was not.....
On remand from the Supreme Court, the debtor Bradley Taggart made more law, again in a losing effort. The Ninth Circuit interpreted Taggart v. Lorenzen, 139 S. Ct. 1795 (June 3, 2019), as having.....
Removing a debtor as a beneficiary of a revocable, inter vivos trust is not a transfer that a trustee can set aside. A contrary result “would turn the privacy of estate planning into a minefield for.....
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.....
Jointly Owned Property Is Presumptively Community Property in California
Armed with an answer from the California Supreme Court to a certified question, the Ninth Circuit held that property purchased.....