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 the wake of Detroit’s municipal bankruptcy, the Sixth Circuit ruled that the court cannot exercise jurisdiction in a chapter 9 case, even though the same claims might be viable in an ordinary.....
Although insurance proceeds from damage to a debtor’s auto ran through the chapter 13 trustee’s account, the trustee was properly barred from exacting a fee on the money that went to the lienholder.....