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 an issue where the courts are divided, Bankruptcy Judge Kevin R. Huennekens of Richmond, Va., ruled that a joint tenant may strip an underwater lien from property even though the co-owner is not in.....
A district court has held that a creditor may not compel arbitration to determine the allowance of a claim, even if the objection has been coupled with a class action seeking damages for violation of.....
In the More Lenient Eighth Circuit, Debtors Knock Off 130,000 Dollars in Student Loans
A family with 33,600 dollars in annual take-home pay was able to discharge all but 23,900 dollars of 154,000.....
A Judgment Lien on Entireties Property Is Avoidable in Missouri, Eighth Circuit Says
May a debtor avoid a judicial lien on a homestead under Section 522 f when the judgment is against the debtor but.....
Bankruptcy Won’t Lift Suspension of a Driver’s License for Failure to Pay Traffic Fines
Filing a chapter 13 petition won’t force the state to renew a driver’s license that was suspended because the.....
Bankruptcy Appellate Panel Holds that an IRA from a Marital Property Settlement Is Not Exempt
Retirement accounts that a debtor received in a marital property settlement are not exempt in bankruptcy.....