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.
On an issue where the circuits are divided, Bankruptcy Judge Patricia M. Mayer of Reading, Pa., decided that she could not employ equity to extend a deadline that had expired — in this case, the.....
Equitable tolling can permit a trustee to maintain a fraudulent transfer action when statutes of limitations expired under both state and federal law, as explained in an October 16 opinion by.....
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.....
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.....
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.....
After Fulton, a creditor’s refusal to lift the attachment of a bank account is no violation of the automatic stay under any subsection Section 362(a), according to Bankruptcy Judge Mark J. Conway of.....
An unmarried couple broke up. The man moved out. The woman refused to return his personal property.
Often in these circumstances, the offended party will build a bonfire in the front yard, burning up.....
Although the Third Circuit has held that creditors can have derivative standing to sue on behalf of a chapter 11 debtor in possession, the appeals court has not said whether there is a similar rule in.....