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 1991, the Supreme Court arguably ignored Section 522(f)(1) to achieve an equitable result in a matrimonial case that ended up in bankruptcy court. Farrey v. Sanderfoot, 500 U.S. 291 (1991). Last.....
Proceedings for contempt of the discharge injunction were not within the scope of an arbitration agreement, according to bankruptcy and district judges in Tampa, Florida.
A chapter 7 debtor scheduled.....
Unlike mortgage foreclosures, which can be immune from attack in bankruptcy court, a tax foreclosure in New Jersey may be set aside as a preference because the process does not entail a public auction.....
Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
The Eleventh Circuit’s Bateman opinion, holding that the antimodification provision in Section 1322 b 2 takes precedence over a.....
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.....
Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
In the first-ever appeal from the first decision on the question, a district judge in Florida upheld Bankruptcy Judge John K.....
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
A bankruptcy judge and a district judge in New Jersey both predict that the Third Circuit will follow the minority and hold.....