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.
If a spouse purchases a home with his or her own funds and is solely liable on the mortgage note, placing title jointly in both spouses might be avoidable as a constructively fraudulent transfer, at.....
Yesterday, we reported how the courts are split on whether a trustee can step into the shoes of the Internal Revenue Service to bring a fraudulent transfer suit going back 10 years under Section 544(b.....
The Fourth Circuit has ruled emphatically that Taggart applies to all contempt citations in bankruptcy court.
However, the Richmond, Va.-based appeals court held that advice of counsel is not a.....
A district judge in Delaware firmly rejected the idea that the Supreme Court’s Acevedo decision “has suddenly declared that bankruptcy courts have no authority to retroactively approve retention of.....
Reversing the bankruptcy court, a district judge in South Carolina permitted so-called bifurcated fee arrangements for chapter 7 debtors despite a local rule that could be read to bar them outright.
In.....
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.....
Taking sides with Collier but disagreeing with two other treatises, Bankruptcy Judge John E. Waites of Columbia, S.C., ruled that a chapter 13 debtor is not required to pay interest on unsecured.....
Notice of the bar date by email may satisfy the requirements of due process, but emailed notice does not comply with the Bankruptcy Rules and in itself is insufficient to enforce the bar date.....
In an area where the courts are split and the Fourth Circuit has no precedent, Bankruptcy Judge John E. Waites of Columbia, S.C., decided that the Bankruptcy Code allowed him to attach conditions when.....
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.....