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.
As a matter of first impression among the circuits regarding bankruptcy law, the Fourth Circuit decided that restitution as part of the sentence for commission of a crime is nondischargeable under.....
Generally speaking, in bankruptcy, property owned as a tenant by the entireties is exempt. Interpreting Section 522(b)(3) and seemingly motived in part by policy concerns, the Fourth Circuit held that.....
Employing the most vituperative language employed so far to nix the strategy, a district judge in North Carolina affirmed Bankruptcy Judge Laura T. Beyer, who had barred secured creditors from taking.....
In a 2/1 decision, the Fourth Circuit employed a “functional analysis” to side with the Third Circuit in holding that the shared-responsibility payment, although called a “penalty” under the.....
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.....
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.....
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.....
In one of his last rulings before ascending to the district court bench, then-Chief Bankruptcy Judge Frank W. Volk of Charleston, W.Va., navigated between several decisional splits and three statutes.....
Treasury Offset Program Can’t Be Used After Bankruptcy, Judge Volk Rules
Chief Bankruptcy Judge Frank W Volk of Charleston, West Virginia, was nominated this month to sit on the U S District Court for.....