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.
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
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Supreme Court Rejects Strict Liability for Discharge Violations
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Supreme Court Agrees to Rule on What Is or Is Not a Final, Appealable Order
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Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s
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Fifth Circuit Upholds Sanctions Against Nationwide Law Firm
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Mothers Owed Child Support Weren’t Entitled to Notice in Father’s Bankruptcy, Circuit Says
Interpreting Illinois law, the Fifth Circuit narrowly construed the term creditor in holding that custodial.....
Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation
The Supreme Court heard oral argument yesterday in Taggart versus Lorenzen to decide whether a good faith belief that a.....
Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split
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BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
In the BAPCPA amendments in 2005, Congress may have intended to bar debtors from allowing mortgages to “ride through” bankruptcy.....
Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules
The Supreme Court ruled unanimously today that nonjudicial foreclosure is not subject to regulation by the federal Fair Debt.....