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.
A contempt action brought against a debtor personally in a state matrimonial court to compel payment of a domestic support obligation violates the automatic stay despite Section 362(b)(2)(B). That.....
Congress desperately needs to amend the Bankruptcy Code and decide whether chapter 13 debtors are allowed to retain post-petition appreciation in the value of their homes.
Courts today are divided. In.....
Employing the most vituperative language employed so far to nix the strategy, a district judge in North Carolina affirmed Bankruptcy Judge Laura T. Beyer, who had barred secured creditors from taking.....
On a question where the courts are split, Chief Bankruptcy Judge Magdeline D. Coleman of Philadelphia decided that dismissal is not mandatory under Section 109(g)(2) if an individual voluntarily.....
You’ve likely seen the ads on TV urging you to hire a law firm to file a claim for exposure to toxic water if you lived or worked at Camp Lejeune between 1953 and 1987.
And if you’ve already gone.....
In a 2/1 decision, the Fourth Circuit employed a “functional analysis” to side with the Third Circuit in holding that the shared-responsibility payment, although called a “penalty” under the.....
Bankruptcy Judge Gregory L. Taddonio has a way with words. “Sometimes,” he said, “even the most settled legal principles need to be repeated.” For example, “strict rules” exist “governing the.....
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.....