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.
The Supreme Court granted certiorari to resolve a circuit split on the standard to employ before invoking judicial estoppel when a chapter 13 debtor failed to disclose a personal injury claim.
The date.....
A district judge in Virginia held that a debtor’s appeal from an order confirming the debtor’s chapter 13 plan was equitably moot.
In his December 11 opinion, District Judge Michael S. Nachmanoff of.....
On the very same day, the Fifth Circuit and Bankruptcy Judge Keith L. Phillips of Richmond, Va., wrote opinions describing the limited circumstances under which a chapter 7 debtor may object to the.....
At the end of the term, the Supreme Court decided a nonbankruptcy case that puts to rest several bankruptcy questions arising in the wake of Northern Pipeline, Granfinanciera and Stern v. Marshall.
In.....
In the world of bankruptcy, the validity of the doctrine of equitable mootness is an issue that the Supreme Court has been ducking. On March 19, the Court handed down a non-bankruptcy decision on.....
Because there is not yet a split of circuits, it’s not surprising that the Supreme Court yesterday denied two petitions for certiorari asking the justices to decide whether the fees of chapter 13.....
Even when the debtor has no personal liability on a mortgage secured by investment property, a chapter 13 plan may modify the mortgage, according to Bankruptcy Judge Kevin R. Huennekens of Richmond.....
Bankruptcy Judge Klinette H. Kindred of Alexandria, Va., embraced the concurring opinion in this term’s Bartenwerfer opinion from the Supreme Court by holding that a poor schlub who was an unwitting.....
Over a dissent by Justice Neil M. Gorsuch, Justice Ketanji Brown Jackson held for herself and six other justices that Section 106(a) of the Bankruptcy Code waives sovereign immunity as to tribes of.....
Barely one month after oral argument, the Supreme Court unanimously resolved a split of circuits by reversing the Eighth Circuit and holding that a real estate tax foreclosure can violate the Takings.....