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.
The Fourth Circuit has ruled emphatically that Taggart applies to all contempt citations in bankruptcy court.
However, the Richmond, Va.-based appeals court held that advice of counsel is not a.....
Under the narrow interpretation of “personal injury tort,” a claim for defamation and a related claim for intentional infliction of emotional distress may be tried in bankruptcy court, according to.....
Reversing the bankruptcy court, a district judge in South Carolina permitted so-called bifurcated fee arrangements for chapter 7 debtors despite a local rule that could be read to bar them outright.
In.....
Taking sides with Collier but disagreeing with two other treatises, Bankruptcy Judge John E. Waites of Columbia, S.C., ruled that a chapter 13 debtor is not required to pay interest on unsecured.....
Debtors’ counsel have a problem. If a case converts to chapter 7 before confirmation of a chapter 13 plan, they might not be paid.
If a chapter 13 case is dismissed before confirmation, Section 1326(a).....
In an area where the courts are split and the Fourth Circuit has no precedent, Bankruptcy Judge John E. Waites of Columbia, S.C., decided that the Bankruptcy Code allowed him to attach conditions when.....
In the wake of Taggart, an appellate decision from North Carolina demonstrates how lawyers and courts must draft orders and plans with specificity, otherwise allegedly offending creditors can’t be.....
Respectfully, something is wrong with a law that won’t allow a 68-year-old woman to discharge all of her student loans quickly and easily when her $43,000 annual income won’t cover her basic living.....
In Clark v. Rameker, 573 U.S. 122 (2014), the Supreme Court held that individual retirement accounts inherited before bankruptcy are not exempt and belong to creditors. It follows, does it not, that a.....
Although she would have reached “a very different conclusion” if a dissent had been governing authority in the Fourth Circuit, Bankruptcy Judge Michelle M. Harner of Baltimore temporarily halted.....