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.
Parsing two decisions from the U.S. Supreme Court, the Tenth Circuit Bankruptcy Appellate Panel decided that nondischargeability for actual fraud under Section 523(a)(2)(A) demands justifiable.....
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.....
Bankruptcy Judge Joseph G. Rosania, Jr., of Denver told holders of judicial liens how to prevent loss of their liens if chapter 13 debtors avoid the liens as impairments on homestead exemptions, but.....
Is a chapter 7 trustee paid anything if the trustee discovers nonexempt property that would pay creditors in full but the case converts to chapter 13 before the trustee makes distributions?
In his May.....
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.....
A chapter 13 debtor’s absolute right to dismissal under Section 1307(b) evaporates once the case converts to chapter 7, for reasons explained by the Tenth Circuit Bankruptcy Appellate Panel in a March.....
Alleging that a debtor was a net winner in a Ponzi scheme doesn’t state a claim for nondischargeability, even when the debtor has realized an “impossibly high” profit of $93,000 on an investment of $2.....
The Fourth Circuit holds that the debt in a settlement agreement based on a claim for willful and malicious conduct is nondischargeable under Section 523(a)(6) and isn’t a dischargeable debt arising.....