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.
Some exemption planning is permissible, but Bankruptcy Judge Pamela W. McAfee of Raleigh, N.C., had a case where it went too far. Indeed, marriage can be a badge of fraud.
In an opinion on February 13.....
Based on the broad definition given the word “claim,” a creditor has standing to bring a nondischargeability suit against an individual debtor for embezzlement when the debtor didn’t embezzle from the.....
On an important issue about judicial estoppel in bankruptcy cases, the Fifth Circuit handed down a nonprecedential opinion on January 13 raising exactly the same issue coming before the Supreme Court.....
For debtors in chapter 7, the sale of cryptocurrency is considered “income” in the calculation of current monthly income and in deciding whether there is a presumption of abuse, in the eyes of.....
The amendment to Bankruptcy Rule 2003(e) didn’t create a bright-line rule automatically cutting off the time for objecting to exemptions when the trustee doesn’t announce and file a statement.....
Believe it or not, a debtor can have a homestead exemption in property in another country, even when the debtor doesn’t live there. Bankruptcy Judge Pamela W. McAfee explained how it works in a July 7.....
Applying analogies to tort law, the Seventh Circuit held that comparative fault requires a reduction of a debtor’s recovery of compensatory damages for a violation of the discharge injunction.
For the.....
Debtors and trustees should read a Fifth Circuit opinion to understand how the sale of a debtor’s claims should be structured to prevent the sale from being champertous and void.
The debtor severely.....
Courts are split over the interpretation of Section 362(c)(3). If a previous bankruptcy by an individual was dismissed within one year, does the automatic stay terminate automatically 30 days after.....
Bankruptcy Judge Donald R. Cassling of Chicago overruled a confirmation objection that would have driven lawyers away from the chapter 13 practice if sustained. He rejected an unsecured creditor’s.....