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 cap on a so-called landlord claim under Section 502(a)(6) does not prevent the court from barring discharge of the claim under Section 523(a)(2)(A), even if the reduced claim was paid in an.....
If tribal law is written correctly, a tribe member’s share of gaming revenue is not estate property under Section 541(a), even if state law might give a different result, according to Chief Bankruptcy.....
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.....
The Eighth Circuit Bankruptcy Appellate Panel approved a bifurcated fee arrangement, so long as the chapter 7 debtor pays nothing more after filing than would have been paid if the retainer were paid.....
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.....
By anticipating amendments to Bankruptcy Rule 3007, the bankruptcy and district courts committed error by ruling that an objection to a claim by the Internal Revenue Service must have been served on.....
In substance, the Bankruptcy Appellate Panel for the Eighth Circuit ruled in October 2018 that an individual retirement account or a 401(k) transferred in divorce can never be an exempt asset under.....
An opinion from the Eighth Circuit shows the injustice that seemingly results from slavish adherence to the statute demanded by Law v. Segal, 571 U.S. 415 (2014), where the Supreme Court held that the.....
On an issue where the courts are divided, Bankruptcy Judge Michelle M. Harner of Baltimore ruled that a creditor without notice of a chapter 13 case was not permitted to file a late claim, nor was the.....
In the More Lenient Eighth Circuit, Debtors Knock Off 130,000 Dollars in Student Loans
A family with 33,600 dollars in annual take-home pay was able to discharge all but 23,900 dollars of 154,000.....