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.
On an issue where the circuits are divided, Bankruptcy Judge Patricia M. Mayer of Reading, Pa., decided that she could not employ equity to extend a deadline that had expired — in this case, the.....
Based on Supreme Court authority, the Third Circuit held that the deadline for objecting to dischargeability of a debt cannot be extended by equitable tolling.
The July 10 opinion by Circuit Judge.....
Discharging $100,000 in student loans owed by an epileptic debtor who was almost unemployable, Bankruptcy Judge Laurie Selber Silverstein of Delaware wrote a 29-page opinion where she disagreed with.....
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.....
The obligation of a police officer to repay salary after being convicted of a crime is a nondischargeable debt, according to Bankruptcy Judge Kathryn C. Ferguson and District Judge Michael A. Shipp of.....
Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate
When creditors have been represented by an attorney in state court, a debtor need not, and indeed perhaps should not.....