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.
With qualifications implying that all chapter 13 debtors may not qualify, Chief Bankruptcy Judge Helen E. Burris of Spartanburg, S.C., sided with the majority and allowed the debtor to continue making.....
In a state that allows a couple to hold personal property as tenants by the entireties, a tax refund is not estate property if only one spouse is in bankruptcy, even when all income was earned by the.....
Sending anonymous text messages and emails alleging that the debtor engaged in “numerous extramarital affairs” does not violate the automatic stay, even if the sender is a creditor, according to.....
Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says
Handing down an important decision on the federal Fair Credit Reporting Act, the Eleventh Circuit ruled that.....
The Fourth Circuit all but gave the federal government a free pass for violating the automatic stay by effecting a setoff without having first obtained a modification of the automatic stay.
The.....
The Eleventh Circuit ruled that the debtor’s discharge barred the holder of a nondischargeable debt from suing the debtor for fraudulently transferring estate property, even though the trustee had.....
A debtor who is not a U.S. citizen is not entitled to a Florida homestead exemption unless the debtor holds a so-called green card entitling the debtor to permanent residence in the U.S.
The debtor was.....
Bankruptcy Judge Roberta A. Colton of Tampa, Fla., socked a law firm with $10,500 in sanctions for violating the discharge injunction.
The lesson to be learned: When confronted with a discharge.....
Failing to amend a prepetition complaint to assert only post-petition claims resulted in a violation of the discharge injunction, even though the plaintiff in state court argued that it only intended.....
A chapter 13 debtor is stuck with the homestead declaration made on filing, even if the case is later converted to chapter 7, according to District Judge Robert N. Scola, Jr. of Miami, who upheld.....