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.
In Tyler v. Hennepin County, 598 U.S. 631 (2023), the Supreme Court decided in May 2023 that a real estate tax foreclosure can violate the Takings Clause of the Fifth Amendment when a municipality.....
Disagreeing with Bankruptcy Judge Marvin Isgur of Houston and siding with the Internal Revenue Service, Chief Bankruptcy Judge Gregory L. Taddonio of Pittsburgh ruled that the bankruptcy court has no.....
Agreeing with a nonprecedential opinion from the Fifth Circuit and the majority on a recent decision from the Sixth Circuit Bankruptcy Appellate Panel, the Third Circuit held that the “penalty”.....
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.....
Upholding Bankruptcy Judge Gregory T. Taddonio, a district judge in Pittsburgh held that stripping off a state’s tax lien is an in rem proceeding in which the state has no Eleventh Amendment sovereign.....
Sovereign Immunity Doesn’t Insulate States from Lien Stripping
Bankruptcy Judge Gregory T Taddonio of Pittsburgh likened the Pennsylvania state taxing authority to Achilles, the Greek hero who thought.....