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.
Yesterday, the Supreme Court granted certiorari in City of Chicago v. Fulton, 19-357 (Sup. Ct.), to resolve a circuit split and decide whether inaction can violate the automatic stay under Section 362.....
While closing one door, the Supreme Court opened another door today for debtors to argue that the statute of limitations does not begin to run until discovery of the existence of a claim under the.....
Although chapter 13 may not always accommodate the need to care for an indigent member of a debtor’s extended family, chapter 13 will permit a debtor to continue paying premiums on a whole life.....
To give better definition to what is or is not a final, appealable order in a bankruptcy case, the Supreme Court heard oral argument in Ritzen Group Inc. v. Jackson Masonry LLC, 18-938 (Sup. Ct.). The.....
On an issue where the courts are divided, Bankruptcy Judge Kevin R. Huennekens of Richmond, Va., ruled that a joint tenant may strip an underwater lien from property even though the co-owner is not in.....
A district court has held that a creditor may not compel arbitration to determine the allowance of a claim, even if the objection has been coupled with a class action seeking damages for violation of.....
On an issue where the courts are divided, Bankruptcy Judge Michelle M. Harner of Baltimore ruled that a creditor without notice of a chapter 13 case was not permitted to file a late claim, nor was the.....
A parent who cosigned a student loan for a child cannot separately classify the loan and pay it in full under a chapter 13 plan, according to Bankruptcy Judge David M. Warren of Raleigh, North.....
Bankruptcy Appellate Panel Decision Previews Issues Confronting the Supreme Court in Ritzen
The Supreme Court will hear oral argument on November 13 in a case that will give further definition to what.....
Supreme Court Rejects Strict Liability for Discharge Violations
Today, the Supreme Court rejected a strict liability standard for the imposition of contempt for violating the discharge injunction.....