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.
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.....
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.....
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.....
Although the lower courts are split, the Fourth Circuit became the first court of appeals to rule that the Bankruptcy Code does not preempt claims under state law for violation of the discharge.....
A contempt action brought against a debtor personally in a state matrimonial court to compel payment of a domestic support obligation violates the automatic stay despite Section 362(b)(2)(B). That.....
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.....
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.....
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.....
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.....
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.....