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 a question where the bankruptcy courts are divided, Bankruptcy Judge Maria Elena Chavez-Ruark of Greebelt, Md., decided that the calculation of the compensation of a chapter 7 trustee is based upon.....
On the very same day, the Fifth Circuit and Bankruptcy Judge Keith L. Phillips of Richmond, Va., wrote opinions describing the limited circumstances under which a chapter 7 debtor may object to the.....
A chapter 13 debtor may strip off an underwater, subordinate lien on a homestead, even if the lien came into existence before the debtor owned the property, according to a decision by Bankruptcy Judge.....
In a chapter 13 case, the local rules barred chapter 13 debtors’ plans from revesting estate property in the debtor until final decree. The bankruptcy court refused to confirm a plan with a provision.....
Over a dissent, the majority on a Fourth Circuit panel laid down a bright-line rule in holding that “Section 327(a) does not authorize former trustees, following conversion, to file an after-the-fact.....
Without deciding whether he would certify a class, Bankruptcy Judge Paul M. Black of Roanoke, Va., denied a motion to stay and compel arbitration of a class action adversary proceeding alleging.....
As a matter of first impression among the circuits regarding bankruptcy law, the Fourth Circuit decided that restitution as part of the sentence for commission of a crime is nondischargeable under.....
The Eighth Circuit holds that judicial estoppel bars a chapter 13 debtor from recovering on an undisclosed personal injury claim that arose after filing but before the completion of plan payments. If.....
Although the debtor had been foreclosed and the lender had won a writ of possession, a subsequent state court settlement order before bankruptcy was an executory contract that the debtor could assume.....
Generally speaking, in bankruptcy, property owned as a tenant by the entireties is exempt. Interpreting Section 522(b)(3) and seemingly motived in part by policy concerns, the Fourth Circuit held that.....