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.
Reversing the bankruptcy court, a district judge in San Antonio explained why making estimated tax payments isn’t a fraudulent transfer to the Internal Revenue Service.
For 2020, a couple’s tax.....
On a question where the bankruptcy courts are divided, Bankruptcy Judge Pamela W. McAfee of Raleigh, N.C., sided with the majority in holding that a chapter 13 debtor does not have standing to compel.....
Alleging that a debtor was a net winner in a Ponzi scheme doesn’t state a claim for nondischargeability, even when the debtor has realized an “impossibly high” profit of $93,000 on an investment of $2.....
Courts don’t agree on who gets appreciation when a home is sold during a chapter 13 case or if the case converts to chapter 7. Does post-petition appreciation stay with the debtor, or does it go to.....
Student loans consolidated after filing cannot be discharged even on a showing of “undue hardship,” for reasons explained by Bankruptcy Judge Shad M. Robinson of Austin, Texas.
The debtor filed a.....
The commission of a serious crime doesn’t necessarily give rise to a nondischargeable debt, as Bankruptcy Judge Robert L. Jones of Lubbock, Texas, explained in an opinion on July 7. The opinion shows.....
If a chapter 7 trustee succeeds with a clever argument in the Fifth Circuit, whole life policies will not be exempt in Texas. The trustee’s argument failed to convince Bankruptcy Judge Craig A.....
Courts are split three ways on whether chapter 13 debtors can make contributions to 401(k) plans. Some courts permit none whatsoever, while others permit contributions no larger than what the debtor.....
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.....
Two bankruptcy judges in Texas have now rejected clever arguments that would have effectively overruled the Texas legislature and terminated the state exemption for owners and beneficiaries of life.....