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.
Hardship resulting from a self-inflicted disability (conviction for a felony) won’t justify discharging student loans, according to the Ninth Circuit Bankruptcy Appellate Panel.
A man incurred almost.....
An Order Directing Specific Performance Means the Contract Is Not Executory
Once there is an order directing specific performance of a land sale contract, the contract is no longer an executory.....
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.....
Direct Mortgage Payments Are Under the Plan, Ninth Circuit BAP Says
Circuitously, the Ninth Circuit Bankruptcy Appellate Panel joined what it called the overwhelming majority of courts by concluding.....
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.....
Ninth Circuit Uses a Technicality to Keep a Marijuana Case Alive
The Ninth Circuit pushed back against the idea that a chapter 11 plan cannot be confirmed if there is a whiff of marijuana.
Still, the.....
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
Discovery sanctions to be paid as part of state bar disciplinary proceedings are nondischargeable under Section 523 a 7.....
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.....
Arizona Judge Grants Discharge Despite Default on Direct Pay Mortgage
Adopting the minority interpretation, Bankruptcy Judge Madeleine C Wanslee of Phoenix decided that failure to make all direct.....