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.
On a topic with sparse authority where the lower courts are divided, Bankruptcy Judge Caryl E. Delano of Ft. Myers, Fla., came down on the side of the debtor by holding that Social Security benefits.....
To bar discharge of a debt for violation of securities laws, Bankruptcy Judge Peter D. Russin of Fort Lauderdale, Fla., held that the debtor must have been a party in the lawsuit finding a violation.....
The target of a lawsuit financed by a litigation funding agreement has neither Article III standing nor prudential standing in the Eleventh Circuit to appeal the bankruptcy court’s order authorizing.....
Now that the Eleventh Circuit has seemingly abolished the Barton doctrine as protection for estate professionals after bankruptcy cases have closed, an opinion by Bankruptcy Judge Erik P. Kimball.....
A bankruptcy judge in Savannah, Ga., said that a nonprecedential opinion by the Eleventh Circuit was “unpersuasive.” Instead, he followed an earlier precedential opinion from the Eleventh Circuit on a.....
The Eleventh Circuit held that Section 505(a)(2)(C), added by the 2005 BAPCPA amendments, did not have improper retroactive effect. The section bars bankruptcy courts from determining the amount of.....
There is no “cause” for modifying the automatic stay when the creditor’s objective is to undo the consequences of disastrous litigation strategy, according to the Eleventh Circuit.
The November 16.....
Bankruptcy Judge Karen S. Jennemann of Orlando, Fla., used her common sense rather than slavish adherence to “plain language” to reach a result that Congress undoubtedly intended.
Fortunately, Judge.....
If you want a good cry, read the latest installment in the eight-year saga by a single mother of two teenage children with $112,000 in student loans. She was morbidly obese, suffered from diabetes.....
At least in the Eleventh Circuit, a delay of more than two years in effecting service of a complaint wasn’t fatal because the plaintiff was diligently attempting to complete service.
The September 23.....