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.
Sometimes, it’s impossible to find precedent for a self-evident proposition. Here’s one where you won’t have that problem: A chapter 13 debtor cannot pay nondischargeable debt in full while paying.....
The exception in the automatic stay for “domestic violence” applies to claims for sexual abuse arising decades earlier, not only to claims of imminent or ongoing sexual abuse, says Bankruptcy Judge.....
Ruling on an issue that has “has divided and confounded bankruptcy courts for years,” Bankruptcy Judge Scott M. Grossman of Fort Lauderdale, Fla., decided that the “notice” referred to in Bankruptcy.....
While it’s beginning to look at lot like Christmas, it’s also beginning to look like the accrual test will decide whether a claim belongs to the debtor, not to the debtor’s bankrupt estate. At the.....
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 Judge Scott M. Grossman of Fort Lauderdale, Fla., explained why “merely selling a debt to another holder” does not “somehow immunize a creditor and create a fair ground of doubt as to.....
Narrowly interpreting Rooker-Feldman in light of more recent authority, a district judge in Tampa, Fla., held that the doctrine did not apply to someone who was not a party to the suit in state court.....
“[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,”.....
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.....
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.....