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.
Perhaps on a longshot, creative counsel advanced a theory that would have made many homeowners immune from the test for presumption of abuse under Section 707(b)(2)(A)(i) if a home mortgage were.....
Counsel in California, beware: The state’s reciprocal fee-shifting statute means that the losing side — whether it be the debtor, the trustee or the creditor — pays the adversary’s attorneys’ fees if.....
Without a motion by a creditor or party in interest, the bankruptcy court with the first bankruptcy case has the right, sua sponte, to transfer venue of a subsequently filed case by the same debtor or.....
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.....
On a question where the bankruptcy courts are divided, Bankruptcy Judge Maria Elena Chavez-Ruark of Greebelt, Md., decided that the calculation of the compensation of a chapter 7 trustee is based upon.....
A chapter 13 debtor may strip off an underwater, subordinate lien on a homestead, even if the lien came into existence before the debtor owned the property, according to a decision by Bankruptcy Judge.....
Refusing to dismiss the chapter 7 petition by an individual who owned corporations that sold marijuana at retail, Bankruptcy Judge Dennis Montali of San Francisco said that the U.S. Trustee Program.....
Directing a vulgar insult at a debtor is no violation of the automatic stay. Indeed, basing a contempt motion on a text message to a debtor that said, “You’re such a piece of s—t,” “has absolutely no.....
A lender and its lawyer were sanctioned under Bankruptcy Rule 9011 for filing a dischargeability complaint against a consumer based only on the allegation that it must have been fraud because the.....
Once a debtor has completed plan payments, the bankruptcy court has power under Bankruptcy Rule 7070 to clear title by removing liens that were stripped off in the debtor’s chapter 13 plan.
In.....