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.
The Supreme Court created a problem for cash-starved debtors when the Court held in Lamie that a discharge prevents a lawyer from requiring a chapter 7 debtor to pay for post-petition services after.....
Bankruptcy is no get-out-of-jail-free card for someone who has disobeyed matrimonial court orders, as shown in an opinion by Bankruptcy Judge David D. Cleary of Chicago.
The January 19 decision by.....
Addressing a question that the Seventh Circuit hasn’t decided, Bankruptcy Judge David D. Cleary of Chicago “respectfully” disagreed with the Sixth Circuit and sided with the majority by holding that a.....
“[W]hen an attorney learns that a client has engaged in fraudulent or unauthorized conduct,” the lawyer “must take reasonable remedial measures, including, if necessary, disclosure to the tribunal,”.....
A settlement term sheet signed after mediation by the debtor, her nondebtor husband and the creditor was enforceable, according to Bankruptcy Judge Ashely M. Chan of Philadelphia, even though the.....
The lack of creditor opposition isn’t enough for the bankruptcy court to extend the automatic stay for a repeat filer in chapter 13, for reasons explained by Chief Bankruptcy Judge Gregory L. Taddonio.....
Bankruptcy Judge Timothy A. Barnes of Chicago certified a question for the Seventh Circuit to decide on direct appeal: May a chapter 13 trustee be paid her fee if the case is dismissed before.....
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.....
The Supreme Court has yet to say whether enforcement of an arbitration agreement can bring a bankruptcy case to a grinding halt. More specifically, the Court has not said whether (or to what extent).....
While the courts are split, the majority permit a trustee using the so-called strong-arm power under Section 544(b) to extend the statute of limitations to six or 10 years by stepping into the shoes.....