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.
For the second time in a week, we report a decision where the Ninth Circuit had no sympathy for a lender who was asleep at the switch and woke up to find its mortgage wiped out.
This time, the San.....
If the case goes up and the Fourth Circuit agrees with Bankruptcy Judge Laura T. Beyer of Charlotte, N.C., there will be a split of circuits on the question of whether a bankruptcy trustee can couple.....
A subordinate secured lender did not have appellate standing to challenge the bankruptcy court’s annulment of the automatic stay in favor of a senior lender, even though it meant the subordinate.....
In Acevedo, the Supreme Court banned nunc pro tunc orders as they were often used by bankruptcy courts. Bankruptcy Judge Christopher D. Jaime of Sacramento, Calif., explained why Acevedo did not bar.....
For an egregious violation of the automatic stay that “severely injured” the debtor, Chief Bankruptcy Judge Laura T. Beyer of Charlotte, N.C., imposed $260,000 in sanctions, given that the lender’s.....
Under the Equal Access to Justice Act, or EAJA, someone who prevails over the federal government in litigation is entitled to the recovery of attorneys’ fees and expenses.
However, the Ninth Circuit.....
The first court of appeals to address the question, the Ninth Circuit held that an individual can assume a personal property lease under Section 365(p) without reaffirming the debt with court approval.....
Bankruptcy Judge David M. Warren of Raleigh, N.C., socked a remorseless creditor with $41,000 in actual and punitive damages for having a debtor jailed on trumped-up embezzlement charges designed to.....
What a relief! The Ninth Circuit Bankruptcy Appellate Panel held that this year’s Acevedo decision from the Supreme Court does not bar bankruptcy courts from annulling the automatic stay. Except in.....
If it’s a fraudulent transfer when insolvent parents pay tuition for their adult children, shouldn’t the insolvent parents be entitled to avoid loans they took out for their children as fraudulent.....