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.
In an area where the courts are split and the Fourth Circuit has no precedent, Bankruptcy Judge John E. Waites of Columbia, S.C., decided that the Bankruptcy Code allowed him to attach conditions when.....
Trimming back the already narrow definition of standing laid down in Spokeo Inc. v. Robins, 578 U.S. 330 (2016), the Supreme Court held 5/4 on June 25 that “an injury in law is not an injury in fact.”.....
With qualifications implying that all chapter 13 debtors may not qualify, Chief Bankruptcy Judge Helen E. Burris of Spartanburg, S.C., sided with the majority and allowed the debtor to continue making.....
Reversing the Seventh Circuit and resolving a split among the circuits, the Supreme Court ruled unanimously today “that mere retention of property does not violate the [automatic stay in] section 362.....
The Supreme Court heard oral argument this morning in City of Chicago v. Fulton, 19-357 (Sup. Ct.), to resolve a circuit split and decide whether the automatic stay requires a creditor to turn over.....
With one notable exception, the late Justice Ruth Bader Ginsburg was consistently a dissenter who would have given more protection for consumers and provided greater relief for debtors in bankruptcy.....
The Supreme Court denied a petition for certiorari presenting a circuit split on Section 362(c)(3)(A) and the following question:
If a petition by an individual under chapters 7, 11 or 13 has been.....
An appeal taken last week to the district court in South Carolina could end up being the vehicle for the Fourth Circuit and then the Supreme Court to decide whether the bankruptcy court must enforce.....
The Supreme Court has postponed oral argument in City of Chicago v. Fulton until the new term to begin in October 2020.
In Fulton, the justices will resolve a split of circuits regarding the automatic.....
Bankruptcy Judge John E. Waites, sitting in Columbia, S.C., refused to compel arbitration of “core” bankruptcy issues. Not surprising.
In a case involving a consumer, he also decided that.....