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.
Over a dissent, the majority on a Ninth Circuit panel affirmed the Bankruptcy Appellate Panel by holding that a debtor retains an “absolute right” to dismiss a chapter 13 case under Section 1307(b).....
A chapter 13 debtor has an unfettered right to dismiss under Section 1307(b) if the case has not previously been “converted” to chapter 13 under Section 706.
To protect a debtor’s right to dismiss, the.....
The Ninth Circuit bent over backwards to hold that sovereign immunity protects a state from the imposition of compensatory and punitive damages for filing an involuntary bankruptcy petition that was.....
In a case of first impression among the circuits, the Ninth Circuit held that misrepresentations made by individuals in chapter 11 about the value of a home will allow a later chapter 7 trustee to.....
A decision from the Ninth Circuit Bankruptcy Appellate Panel is emblematic of courts inveighing against Kelly v. Robinson, 479 U.S. 36 (1986), where the Supreme Court held that criminal restitution is.....
Refusing to dismiss the chapter 7 petition by an individual who owned corporations that sold marijuana at retail, Bankruptcy Judge Dennis Montali of San Francisco said that the U.S. Trustee Program.....
The Ninth Circuit tells us that a claim of a debtor belongs to the estate if the claim is based on a course of conduct that began before bankruptcy and continues after filing. The debtor isn’t even.....
One day apart, bankruptcy judges in the Ninth Circuit disagreed on the availability of emotional distress damages to remedy violations of the discharge injunction in Section 524.
Relying on authorities.....
In chapter 7, the retainer that an individual debtor pays to his or her lawyer likely will not require the lawyer to defend adversary proceedings, such as those attacking the dischargeability of a.....
Not all student loans are automatically nondischargeable under Section 523(a)(8), according to the Ninth Circuit Bankruptcy Appellate Panel.
If a student loan wasn’t automatically discharged, the BAP’s.....