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.
At least in the Third Circuit, it’s permissible for a bankruptcy judge to give the debtor a grace period to cure a default beyond the five-year life of a chapter 13 plan, according to a decision by a.....
On two important questions, the Third Circuit handed down a decision on modification of chapter 13 plans that should apply equally to modified chapter 11 plans:
1. When the debtor moves to modify 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.....
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.....
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.....
Given the “exceptional facts” of the case, the Third Circuit upheld the constitutional power of a bankruptcy court to grant nonconsensual, third-party releases.
Indeed, the circumstances were.....
Lower courts are split when it comes to deciding whether a debtor can pay off a secured claim through a chapter 13 plan even though the time for redemption of the collateral expired under Section 108.....