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.
Fifth Circuit Stretches Equitable Notions to Bend Plain Language
A nonprecedential opinion from the Fifth Circuit raises the perennial question: When, if ever, may the court ignore the plain language.....
Creating a split of circuits, the Fifth Circuit held that Section 362(c)(3)(A) only terminates the automatic stay as to the debtor and property of the debtor, but not as to property of the estate.
Sec.....
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.....
As a prudential matter and not for lack of jurisdiction, the Fifth Circuit held that the district where a bankruptcy case was pending is the only district that can enforce a discharge injunction. The.....
Recent decisions by the Supreme Court did not change the law and do not require bankruptcy courts to compel arbitration of core issues, the Fifth Circuit said in a per curiam opinion.
More.....
The so-called Holder Rule is an important weapon that debtors can use when the originator of consumer paper has not lived up to its contractual obligations.
In a chapter 13 case before Bankruptcy.....
If “related to” jurisdiction exists at the outset of a lawsuit, the court retains personal and subject matter jurisdiction even if the basis for “related to” jurisdiction disappears later, the Fifth.....
Fifth Circuit Makes Student Loans Even More Difficult to Discharge
In the Fifth Circuit, student loans are arguably more difficult to discharge than elsewhere. The New Orleans based appeals raised the.....
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
The Fifth Circuit wrote a primer on pleading standards for claims of fraudulent transfer, preference, equitable.....
Earmarking Only Applies When a Debtor Receives a Loan from a Third Party
Success in bankruptcy is like success as a stand up comedian: It’s all in the timing. In a case before Chief Bankruptcy Judge.....