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 final decree of divorce containing a division of marital property does not create a debtor/creditor relationship between the former spouses, according to an October 27 opinion by Bankruptcy Judge.....
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 accepted procedure for allowing state courts to divide marital property when one spouse files bankruptcy is to modify the automatic stay and abstain from adjudicating the property settlement,”.....
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.....
In an opinion allowing the stacking of exemptions, Bankruptcy Judge Cathleen D. Parker allowed the debtor to exempt almost $140,000 in wages.
In her May 23 opinion, Judge Parker explained why the.....
As everyone knows (or should know), the denial of a motion to withdraw the reference is not a final, appealable order. The Tenth Circuit teaches us that denial of withdrawal remains interlocutory.....
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 chapter 7 discharge of someone’s personal liability on a mortgage does not start the clock ticking on the statute of limitations governing the time within which a lender must commence foreclosure.....
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.....
Although the Supreme Court held in Clark v. Rameker, 573 U.S. 122 (2014), that an inherited individual retirement account is not exempt, the inheritance of survivor’s benefits under a pension plan can.....