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.
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.....
Without Excusable Neglect, Debtors May Claim Exemption in Reopened Cases
Reversing bankruptcy courts, the Tenth Circuit Bankruptcy Appellate Panel held that a debtor can reopen a closed case to.....
Courts Are Split on Breach of Contract Resulting in Nondischargeability
On an issue where the circuits are divided, Bankruptcy Judge David T Thuma of Albuquerque, New Mexico, decided that the door is.....
An Interest in Property as Joint Tenants with Right of Survivorship Drops Out of the Estate on Death of the Debtor
At least when joint tenancies with right of survivorship are involved, the common.....
Gift cards purchased before bankruptcy won’t qualify for an exemption beyond whatever cash the debtor could exempt, according to Chief Bankruptcy Judge Dale L. Somers of Topeka, Kan.
The husband and.....
Divorcing While Bankrupt Lays Traps for the Unwary
When divorce coincides with bankruptcy, the debtor’s matrimonial lawyer should take counsel from a bankruptcy expert to avoid the kind of mistakes.....
Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
The advice of counsel defense only applies in discharge litigation if the debtor receives advice before taking action.....
Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says
The Bankruptcy Code preempts state law allowing recovery of child support arrears by levying on money held by a.....
Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
Building on Law versus Siegel, a district judge in Kansas upheld Bankruptcy Judge Robert E. Nugent and ruled that the.....
Tenth Circuit Opinion Can Be the Springboard for a Cert on the Automatic Stay
Predictably, the Tenth Circuit reaffirmed a deepening circuit split yesterday by holding that the automatic stay does not.....