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.
On an issue where the courts are divided, the so-called mailbox presumption will not deem a proof of claim to have been timely filed when the clerk time-stamps the claim after the bar date, according.....
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.....
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.....
Intending to clear up ambiguity about the deadline for an individual to take a course in credit counseling before filing bankruptcy, Congress amended Section 109(h)(1) in 2010. The debate and.....
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.....
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.....
An appeal taken last week to the district court in South Carolina could end up being the vehicle for the Fourth Circuit and then the Supreme Court to decide whether the bankruptcy court must enforce.....
On an issue where the lower courts are divided, Bankruptcy Judge Joseph G. Rosania, Jr. of Denver decided that the net proceeds from liquidation of an exempt asset belong to creditors under a chapter.....
The Bankruptcy Code and the Internal Revenue Code seem in conflict about the ability of the IRS to offset a tax refund that the debtor claims to be exempt. Resolving a question of first impression.....
Hard cases make bad law, but Bankruptcy Judge Elizabeth E. Brown of Denver took a hard case to make good law. Although the debtor was not a sympathetic character, Judge Brown reached a result implied.....