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.
When a home mortgage matures before the final payment under a chapter 13 plan, the debtor may bifurcate the mortgage into a secured and an unsecured claim, only paying the secured claim in full, the.....
A lender and its lawyer were sanctioned under Bankruptcy Rule 9011 for filing a dischargeability complaint against a consumer based only on the allegation that it must have been fraud because 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,”.....
Employing state law, the Oregon Supreme Court reached the same conclusion as most federal courts: The trial court should allow the substitution of a bankruptcy trustee as the real party in interest.....
Once a debtor has completed plan payments, the bankruptcy court has power under Bankruptcy Rule 7070 to clear title by removing liens that were stripped off in the debtor’s chapter 13 plan.
In.....
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.....
Finding neither constitutional nor prudential standing to appeal, the Ninth Circuit permitted a chapter 7 trustee to sell a home out from underneath the debtors when the home was worth less than the.....
I am thrilled to briefly pinch-hit here at Rochelle’s Daily Wire, though I doubt that Bill actually knows how to take a “vacation.” For those who have followed RDW through the years, you know that.....
Splitting with the Tenth Circuit, a divided panel on the Ninth Circuit held that the post-petition appreciation in the value of a home belongs to creditors when a chapter 13 debtor converts the case.....
Building on the Supreme Court’s decision in Wellness International, the Ninth Circuit closed loopholes to preclude a pro se litigant from reneging on implied consent to final adjudication by a non.....