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.
Fifth Circuit Makes Student Loans Even More Difficult to Discharge
In the Fifth Circuit, student loans are arguably more difficult to discharge than elsewhere. The New Orleans based appeals raised the.....
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
The Fifth Circuit wrote a primer on pleading standards for claims of fraudulent transfer, preference, equitable.....
Sitting en banc, the Fourth Circuit voted 11-3 to overrule its own precedent and held that Section 1322(c)(2) permits a debtor to strip down a claim on a home mortgage that matures before the last.....
Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s
The Fifth Circuit opened the door a crack for so-called no-money-down chapter 13s, where debtors’ counsel are not required to eat the filing fee.....
Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says
Even though the actions were willful and malicious, a judgment for misappropriation of trade secrets under the.....
Fifth Circuit Upholds Sanctions Against Nationwide Law Firm
In September, District Judge Elizabeth Erny Foote of Shreveport, Louisiana, upheld a plethora of sanctions and injunctions imposed on a self.....
Mothers Owed Child Support Weren’t Entitled to Notice in Father’s Bankruptcy, Circuit Says
Interpreting Illinois law, the Fifth Circuit narrowly construed the term creditor in holding that custodial.....
Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split
Although courts are divided on the issue, Chief Bankruptcy Judge Neil P Olack of Jackson, Mississippi, remanded a lawsuit to state.....
Treasury Offset Program Can’t Be Used After Bankruptcy, Judge Volk Rules
Chief Bankruptcy Judge Frank W Volk of Charleston, West Virginia, was nominated this month to sit on the U S District Court for.....
Refunds by Creditors After Chapter 13 Discharge Go to Creditors, Not the Debtor
If a chapter 13 case is dismissed before confirmation, Section 1326 a 2 requires the trustee to return undistributed.....