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.
Section 522(g) prevents a debtor from claiming an exemption in property that a trustee recovers if the transfer by the debtor was voluntary. In other words, a debtor cannot claim a homestead exemption.....
In a split decision, the Fourth Circuit upheld Bankruptcy Judge Paul M. Black, who had denied a motion to compel arbitration in a purported class action alleging violations of the automatic stay in.....
Forget about advice of counsel; advice from a banker was enough to negate a finding of fraudulent intent, as shown by a July 1 opinion from the Fourth Circuit.
A father made a will specifying the.....
Affirming Bankruptcy Judge Michael E. Romero, a district judge in Denver wrote an opinion standing for the proposition that a trustee may not liquidate estate property solely for the benefit of the.....
A district judge in Roanoke, Va., ruled that Bankruptcy Judge Paul M. Black did not abuse his discretion in denying a motion to compel arbitration in a purported class action alleging violations of.....
On a question where the bankruptcy courts are divided, Bankruptcy Judge Pamela W. McAfee of Raleigh, N.C., sided with the majority in holding that a chapter 13 debtor does not have standing to compel.....
A district judge in Virginia held that a debtor’s appeal from an order confirming the debtor’s chapter 13 plan was equitably moot.
In his December 11 opinion, District Judge Michael S. Nachmanoff of.....
Bankruptcy Judge Michelle M. Harner of Baltimore decided that a mortgage servicer who barred the chapter 13 debtor from using the servicer’s online payment platform had violated the automatic stay ab.....
Next year, the Tenth Circuit will be deciding under Colorado law whether an entire child tax credit is exempt, or only a pro rata portion.
Chief Bankruptcy Judge Kimberly H. Tyson of Denver and Chief.....
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.....