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.
The chapter 7 discharge of someone’s personal liability on a mortgage does not start the clock ticking on the statute of limitations governing the time within which a lender must commence foreclosure.....
On a question where the courts are split, Chief Bankruptcy Judge Magdeline D. Coleman of Philadelphia decided that dismissal is not mandatory under Section 109(g)(2) if an individual voluntarily.....
Although the Supreme Court held in Clark v. Rameker, 573 U.S. 122 (2014), that an inherited individual retirement account is not exempt, the inheritance of survivor’s benefits under a pension plan can.....
The first court of appeals to rule on a question where the lower courts are widely split, the Tenth Circuit held that a chapter 13 trustee was not entitled to payment of her fee because the case was.....
Filing a complaint before the deadline is critically important and should be undertaken only by an expert — that is to say, by a paralegal who does it every day.
An amateur, like a lawyer, should not.....
A trustee may not evade the transfer restrictions in the operating agreement of a limited liability company by selling only the “economic interest,” the Tenth Circuit Bankruptcy Appellate Panel said.....
Bankruptcy Judge Gregory L. Taddonio has a way with words. “Sometimes,” he said, “even the most settled legal principles need to be repeated.” For example, “strict rules” exist “governing the.....
Answering a question left open by the Tenth Circuit in Rodriguez v. Barrera (In re Barrera), 22 F.4th 1217 (10th Cir. Jan. 19, 2022), Bankruptcy Judge Joseph G. Rosania, Jr., of Denver decided that a.....
If a post-confirmation adversary proceeding is “core” or entails interpretation of an order made during the chapter 11 case, there is always jurisdiction. According to an August 25 opinion by Third.....
Those no longer able to drive cars will be pleased to know that a golf cart can be exempt as a “motor vehicle,” at least in Oklahoma.
Bankruptcy Judge Janice D. Loyd of Oklahoma City said that hers was.....